Avimukteshwaranand Saraswati moves Allahabad HC seeking anticipatory bail in POCSO case

The legal battle surrounding the Jyotirmath Shankaracharya has escalated to the highest judicial body in Uttar Pradesh. On Tuesday, Swami Avimukteshwaranand Saraswati filed for anticipatory bail at the Allahabad High Court, just days after a special POCSO court in Prayagraj ordered an FIR against him and his disciple, Mukundanand Brahmachari.

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The seer, currently based at the Vidya Math in Varanasi, has doubled down on his claims that the “entire system”—from the police to urban development authorities—is being weaponized to silence his religious and social activism.

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The Bail Application: Shifting to the High Court

Following the registration of the FIR at the Jhunsi police station, the Shankaracharya’s legal team sent a formal notice to the Government Advocate’s office, a mandatory precursor to moving an anticipatory bail plea. The application argues that the charges are malicious and lack any preliminary evidence beyond the complainant’s statement.

The “Evidence” of Conspiracy: The Cake-Cutting Photo

In a dramatic press briefing in Varanasi, the Shankaracharya produced a photograph intended to discredit the impartiality of the investigation.

• The Image: Shows a high-ranking Prayagraj police officer cutting a cake with the complainant, Ashutosh Brahmachari.

• The Allegation: The seer claims this demonstrates a deep-seated nexus between the administration and his accusers.

• Procedural Doubt: He questioned why, if the allegations were so serious, the police waited for a court order instead of registering a suo motu FIR immediately under POCSO mandates.

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The VDA Survey: Alleged Multi-Front Pressure

The Shankaracharya also revealed that officials from the Varanasi Development Authority (VDA) recently conducted a survey of the Vidya Math. He believes this is a tactical move to find structural irregularities as a “pressure tactic” to force him to abandon his high-profile cow protection campaign. “I will not withdraw from this cause, no matter the pressure,” he asserted.

Reality Check

The Shankaracharya is highlighting the procedural “delay” in the FIR as proof of malice. Still, under the POCSO Act, any delay in reporting by victims is often viewed leniently by courts due to the sensitivity of the crime. Therefore, the “cake-cutting photo” may serve as a powerful narrative tool in the media, but it carries limited weight in a POCSO court unless it proves direct evidence-tampering. In fact, the VDA survey is a classic administrative move seen in UP during high-profile legal disputes, often referred to as “bulldozer justice” prep.

The Loopholes

The seer claims the court order focused on “legal rulings rather than evidence.” In fact, a Section 156(3) order only requires the court to be satisfied that a cognizable offense is made out on paper to start an investigation—it does not require a trial-level evidence check. Therefore, the “lack of evidence” loophole he is citing is technically true for now, as the investigation has only just begun. Still, his anticipatory bail move is a strategic “shield” to prevent the optics of a high-ranking religious leader being arrested during the ongoing Magh Mela transition.

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What This Means for You

If you are monitoring this case, realize that an anticipatory bail plea in a POCSO case is rarely granted unless there is glaring evidence of a fabricated charge. First, expect the Allahabad High Court to seek a detailed “Case Diary” from the Prayagraj police. Then, if you are a follower, understand that the Vidya Math survey could lead to legal notices regarding land use, which are separate from the criminal case.

Finally, understand that the “Cow Protection” narrative is being used to frame this as a religious vs. state conflict. You should look for the medical report (if any) of the complainants, as that will be the “hard fact” that overrides any political or religious rhetoric. Before the next hearing, follow the High Court’s cause list for the date of the “Bail Application” admission.

What’s Next

The High Court is likely to hear the bail application by the end of this week. Then, the Prayagraj police will record the statements of the two complainants under Section 164 CrPC. Finally, look for the VDA to either issue a “Show Cause” notice or clear the Vidya Math of any structural violations, which will indicate if the “multi-front pressure” theory holds water.

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