High Court stays arrest of Swami Avimukteshwaranand in POCSO Case

On Friday, the Allahabad High Court granted interim protection from arrest to Swami Avimukteshwaranand Saraswati and his disciple in a POCSO case linked to alleged abuse during the Magh Mela in Prayagraj, directing that no coercive action be taken against them until their anticipatory bail plea is finally decided, an order that temporarily shields the accused in a case involving grave statutory charges.

The case stems from an FIR registered at Jhunsi Police Station on February 21, following directions from a Special POCSO Court to immediately lodge a complaint. The allegations were triggered by an application filed before the Special Judge claiming that two minors, aged around 14 and 17 years, were sexually abused during the 2025–26 Magh Mela under the guise of religious guidance and service. The FIR invokes stringent provisions of the Protection of Children from Sexual Offences Act, including charges relating to aggravated penetrative sexual assault, which carry punishment extending up to life imprisonment. The complainant had alleged prior inaction by local police authorities despite written representations.

A Bench led by Justice Jitendra Kumar Sinha did not rule on the merits of the anticipatory bail plea but ordered interim protection, directing that the applicants “shall not be arrested” pending final adjudication. At the same time, the Court made it clear that the accused must cooperate with the ongoing investigation.

By reserving its verdict while granting temporary relief, the Court balanced the seriousness of the allegations with procedural safeguards available under criminal law. The anticipatory bail application now awaits final determination.

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