3 min readLucknowUpdated: Feb 28, 2026 03:58 AM IST
The Allahabad High Court on Friday reserved its order on the anticipatory bail application of Swami Avimukteshwaranand Saraswati and co-accused, Mukundanand Brahmachari in a POCSO (Protection of Children from Sexual Offences) Act case lodged against them on charges of sexual assault on two minors.
The bench of Justice Jitendra Kumar Sinha stayed their arrest till the disposal of the application.
It stated, “Till the disposal of this application, it is provided that the applicants shall not be arrested… under Section 351(3) BNS and Sections 5(1), 6, 3, 4(2), 16 and 17 of the POCSO Act… and they are directed to cooperate in the investigation and investigation shall continue.”
The High Court has also directed that counsel for the parties may file their written submissions in the matter, along with case laws, by March 12.
Swami Saraswati, meanwhile, welcomed the High Court’s decision to stay his arrest in the case and termed the charge against him “false”.
A POCSO case was lodged against Swami Saraswati and others on charges of alleged sexual assault on two minors during the Magh Mela held in 2025 and this year. The FIR was registered under BNS section 351(3) and sections 5l, 6, 3, 4 (2), 16, 17 of POCSO Act, including aggravated sexual assault on a child.
On February 21, Vinod Kumar Chaurasia, Special Judge (POCSO) Act, Prayagraj, had directed the SHO of the police station concerned in Prayagraj to register an FIR following a application by Ashutosh Brahmachari Maharaj and two victims.
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Ashutosh Maharaj has claimed that he possesses evidence of sexual exploitation of minor disciples.
The case was directed to be lodged against Avimukteshwaranand of Paramhansi Ganga Ashram, Narsinhapur, Madhya Pradesh, and Mukundanand Brahmachari of Sheshnath Ashram, Badrinath Dham, Uttarakhand and two-three unknown accused.
The court had emphasised fair, independent, and expeditious investigation, ensuring the protection of the victims’ identity and dignity.
Within hours of the court order, Prayagraj police lodged the FIR late at night the same day against Swami Saraswati and others.
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The FIR copy mentioned the time of occurrence of offence between January 13, 2025, and February 15 this year.
Swami Saraswati and Mukundanand have been booked under sections that carry punishments ranging from 7 years to life imprisonment. Under the BNS section, the accused face charges of aggravated criminal intimidation.
Meanwhile, the statements of the two victims were recorded before the local Prayagraj court two days ago.
After the case was lodged against them and investigation began, Swami Saraswati and Mukudanand Brahmachari filed an application praying for anticipatory bail before the High Court. The bench of Justice Sinha heard the application on Friday and after hearing the submissions from the counsels of the applicants and the government advocates, the bench reserved the judgment.
