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The Allahabad High Court today directed the Central Bureau of Investigation (CBI) to file an affidavit to the fact, as recorded by the prosecution, that a case of molestation had been registered against Anand Giri in Australia in 2019 and that he had been arrested for the same.

The CBI, which is investigating the case, had stated in the Counter affidavit to Giri bail petition that there is such a case against Giri in Australia and the chargesheet against Giri also mentions the same. The court, therefore, sought clarification on Giri's criminal history before adjudicating upon his bail plea.

The bench of Justice Rajiv Gupta was today hearing the arguments on Anand Giri's bail petition who is the key accused in the death case of Mahant Narendra Giri of Baghambari Gaddi who had committed suicide on September 20, 2021. 

Senior Advocate Gopal Das Chaturvedi appearing for Anand Giri argued that in the FIR, only charge of abetment to suicide has been imposed on Giri. "However, it has come on record that on the day when Mahant committed suicide, I(Anand Giri) was not even in Allahabad. I was away in Haridwar," he said. 

He also alleged that the Mahant had committed suicide only upon receiving one information, source of which is not known yet, that Anand Giri was going to publish his one fake image in a compromising position with a woman which could malign his reputation. 

Therefore, stressing that as Anand Giri's relations were not cordial with the Mahant and, therefore, he had named Giri in his suicide note, Sr. Adv. Chaturvedi argued that there is no evidence on record that can prove that in any manner, Giri had instigated the Mahant to commit suicide. 

He said, "If a woman is falsely told that her son has died, and she commits suicide, all that can be said in such a case is that it was the mischief of the person who had forwarded the rumor to her."

Sr. Adv. Chaturvedi also submitted that in the suicide letter itself, the Mahant had stated that he was to commit suicide on September 13 but didn't do so because he couldn't gather the courage. "This letter also shows that Mahant was very much determined to commit suicide. Anand had left the math way before with the intention to not return," he added. 

However, court said that for the bail petition, all that is to be decided here is what the case appears prima facie.

Court also enquired about the relationship between Anand Giri and the deceased Mahant. Court asked Chaturvedi as to whether Giri is Mahant's adopted son. 

To this, Sr. Adv. Chaturvedi replied that in Mahant Pratha (system), it is a nomenclature that disciples are considered as sons and therefore, though not legally adopted, Anand Giri was considered his son. He said that Giri was only supposed to succeed Mahant as the head of the Baghambari Gaddi.

Further, when court enquired about Anand Giri's criminal history, Sr. Adv. Chaturvedi submitted that Anand Giri has no criminal history and has never been arrested earlier.

However, taking note of the documents on record, court asked the CBI counsel to clarify the real position. To which, Sr. Adv. Gyan Prakash appearing for CBI submitted that statements of witnesses have been recorded that when Anand Giri had gone to Australia in 2019, a woman had filed a case of molestation against him, for which he was arrested and it was the deceased Mahant who had sent money to get him released.

Thereafter, taking note of the submissions of both the parties, court asked the CBI to file an affidavit to this fact and adjourned the case till February 14. 

Backdrop of the case

The Mahant was found hanging from the ceiling of the room in a suspicious condition at Shri Baghambri Math in Prayagraj on September 20. Giri was called in after Mahant's death as in his suicide note, the Mahant had named Anand Giri and two others for causing mental harassment to him.

Subsequently, an FIR was lodged against the three accused under Section 306 (abetment of suicide) of the Indian Penal Code (IPC) at Police Station Georgetown in Prayagraj. Later, on the recommendation of the State Government, the investigation of the case was transferred from UP police to the CBI on September 25.

Anand Giri is in judicial custody since September 22, 2021. His one bail plea has already been rejected by a Special Court in Allahabad on November 11.

Case Title: Anand Giri @ Ashok Kumar Chotiya vs State of U.P. and Another