Allahabad High Court Grants Interim Protection to Swami Avimukteshwaranand in POCSO Case

The Allahabad High Court on Friday granted interim protection from arrest to Swami Avimukteshwaranand Saraswati and his disciple Swami Mukundanand Giri in a case registered under provisions of the POCSO Act and the Bharatiya Nyaya Sanhita at Jhoonsi police station in Prayagraj.

The matter arises out of a case under Section 351(3) of the Bharatiya Nyaya Sanhita along with Sections 5(1), 6, 3, 4(2), 16, and 17 of the Protection of Children from Sexual Offences Act. The saint moved an anticipatory bail plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita seeking protection in the event of arrest.

The FIR in the case was lodged pursuant to an order of a Special POCSO court in Prayagraj directing registration of a case on a complaint alleging that the minors were sexually abused at the Saint's camp. The complaint was filed by Shankuri Peethadheshwar Ashutosh Maharaj, who is also associated with the Krishna Janmabhoomi–Shahi Eidgah title dispute.

Following registration of the FIR, Swami Avimukteshwaranand Saraswati, who is associated with Jyotishpeeth, and his disciple Swami Mukundanand Giri moved the high court seeking anticipatory bail. They contended that the allegations were false and politically motivated, and that custodial interrogation was not warranted.

During the hearing, senior counsel appearing for the applicants submitted that the case had been initiated with mala fide intent and that the applicants were prepared to cooperate fully with the investigating agency. It was argued that there was no likelihood of their absconding or tampering with evidence.

The State opposed the plea, submitting that the allegations attract stringent provisions of the POCSO Act, including those dealing with aggravated penetrative sexual assault, which carry severe punishment. Counsel for the first informant also opposed grant of anticipatory bail, urging the court to consider the gravity of the accusations and the stage of investigation.

After hearing the parties, the bench of Justice Jitendra Kumar Sinha reserved its order on the anticipatory bail application. However, pending pronouncement of the reserved judgment, the bench granted interim protection from arrest.

However, court clarified that the protection is subject to the condition that they cooperate with the investigation, which shall continue in accordance with law.

Reportedly, Swami Avimukteshwaranand Saraswati has denied the allegations and termed them an attempt to defame him. He has also expressed willingness to undergo a narco analysis test to establish the truth of his claims.

Case Title: Swami Avimukteshwaranand Saraswati Jagatguru Shankaracharya Jyotishpeethadheeshwar And Another Vs. State Of U.P. And 5 Others

Order Date: February 27, 2026

Bench: Justice Jitendra Kumar Sinha