Supreme Court Refuses to Cancel Anticipatory Bail Granted to Jyotir Math Shankaracharya Swami Avimukteshwaranand in POCSO Case, Questions Delay in Reporting Allegations

May 29, 2026 : The Supreme Court on Friday declined to interfere with an order of the Allahabad High Court granting anticipatory bail to Swami Avimukteshwaranand Saraswati, the Shankaracharya of Jyotir Math (Joshimath), in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. The Court dismissed an appeal filed by complainant Ashutosh Brahmachari challenging the grant of anticipatory bail and allowed the interim protection in favour of the religious leader to continue.

A Bench comprising Justice MM Sundresh and Justice N Kotiswar Singh upheld the High Court’s order after examining the submissions made by both sides. During the hearing, the Supreme Court also raised questions regarding the complainant’s conduct and the delay in approaching law enforcement authorities despite allegedly being aware of the incident at an earlier stage.

The case stems from allegations that Swami Avimukteshwaranand sexually abused two minor boys during a camp held in Prayagraj. The criminal proceedings began after a Special POCSO Court directed registration of an FIR against him based on a complaint lodged by Shankuri Peethadheshwar Ashutosh Maharaj, alleging offences under the POCSO Act.

Following the registration of the FIR, the accused approached the Allahabad High Court seeking anticipatory bail. The High Court granted relief while noting several circumstances surrounding the prosecution’s case that, in its view, warranted deeper examination during the course of investigation and trial.

Before the Supreme Court, the complainant argued that the allegations were of an extremely serious nature and carried the possibility of life imprisonment. It was contended that anticipatory bail in POCSO cases should be granted only in exceptional circumstances. The appellant further alleged that the accused had violated conditions imposed by the High Court by continuing to interact with the media despite restrictions contained in the bail order.

The challenge also asserted that the High Court had exceeded the limited scope of scrutiny permissible at the anticipatory bail stage by engaging in a detailed assessment of evidence. According to the appellant, once the FIR had been registered pursuant to judicial directions and the statutory presumption under Section 29 of the POCSO Act became applicable, the Court ought to have confined itself to established principles governing bail.

Additionally, the complainant argued that the High Court erred in drawing adverse inferences from the victims’ conduct, particularly their alleged decision to disclose the incident to the complainant rather than immediately informing their parents or guardians. It was submitted that the incident allegedly occurred during the crowded Magh Mela and that the complainant was a trusted person known to the children, making such disclosure natural in the circumstances.

However, the Supreme Court was not persuaded to interfere with the High Court’s decision. While considering the appeal, the Bench questioned the delay in reporting the alleged offences and ultimately found no ground to set aside the anticipatory bail granted to the accused.

In its earlier order, the Allahabad High Court had highlighted several aspects of the case that required closer examination during investigation and trial. The Court noted the delay in lodging the FIR, the conduct of the informant, and the circumstances in which the allegations were disclosed. It also observed that the victims allegedly remained with the complainant for a considerable period before being produced before their guardians or authorities.

The High Court further expressed concern over media interactions involving the alleged victims, observing that such publicity appeared inconsistent with the confidentiality protections envisaged under the POCSO Act and the Juvenile Justice framework. The Court had also recorded reservations regarding the medical evidence and noted that the allegations surfaced against the backdrop of an earlier dispute involving the accused and local authorities over arrangements during the Mauni Amavasya event at the Sangam area in Prayagraj.

With the dismissal of the appeal, the anticipatory bail granted to Swami Avimukteshwaranand Saraswati remains in force, while the investigation and subsequent proceedings in the case continue.