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SC Refuses to Entertain Plea Challenging Anticipatory Bail Granted To Swami Avimukteshwaranand in POCSO Case

SC Refuses to Entertain Plea Challenging Anticipatory Bail Granted To Swami Avimukteshwaranand in POCSO Case

Ashutosh Brahmachari v. Swami Avimukteshwaranand Saraswati Jagatguru Shankaracharya Jyotishpeethadheeshwar and Ors., Diary No. 18688/2026 [Order dated May 29, 2026]

anticipatory bail POCSO

The Supreme Court today declined to entertain a petition challenging the Allahabad High Court’s order granting anticipatory bail to Jyotir Math Shankaracharya Swami Avimukteshwaranand Saraswati in a POCSO case involving allegations of sexual abuse of minors.

The Bench of Justice M.M. Sundresh and Justice N.K. Singh questioned the conduct of the first informant particularly the delay in approaching the police despite claiming to have received information about the alleged abuse from the minors.

The case arose from the challenge to the Allahabad High Court’s order dated March 25, 2026 granting pre-arrest protection to the Swami Avimukteshwaranand Saraswati. While granting relief, the High Court had noted the six-day delay between the alleged disclosure by the minors and the lodging of the complaint, as well as the informant’s explanation that he was occupied with religious activities during that period.

The High Court had also observed that the victims allegedly confided in a stranger rather than their guardians and held that the statutory presumption under Section 29 of the POCSO Act could not be invoked at the anticipatory bail stage before framing of charges. It further expressed concern over media interviews of the minor victims, noting that such coverage was contrary to the safeguards contemplated under the POCSO and Juvenile Justice laws.

Refusing to interfere with the High Court’s order, the Supreme Court declined to entertain the petition filed by the first informant.