Shahjahanpur Rape Case 2011| Allahabad High Court Grants Anticipatory Bail To Chinmayanand Saraswati Till Feb 6

The Allahabad High Court on Monday (December 19) granted interim anticipatory bail to former Union minister Chinmayanand Saraswati in connection with the Shahjahanpur Rape Case 2011.

Issuing notices to the victim and the State government to file a reply in this matter within four weeks, the bench of Justice Samit Gopal granted him anticipatory bail till February 6. 

"Learned counsel for the State although opposed the prayer for anticipatory bail but could not dispute the factual position with regards to protection granted to the applicant during the pendency of investigation, the fact that the State Government has decided to withdraw the prosecution of the applicant and further that the applicant is 75 years of age and is associated with various educational, religious and medical institutions," the bench observed as it noted that the matter required consideration.

It may be noted that Chinmayanand was booked in this case after a woman who had spent 11 years at his ashram accused him of committing rape against her. The Police have already filed a chargesheet in the case under IPC sections 376 (rape) and 506 (criminal intimidation).

As per the allegations leveled by the complainant/victim in this case, Saraswati established a physical relationship with her perforce, administering some intoxicants in her food and thereafter brutally ravishing her. Allegedly, Swami also took obscene audio-visual videos and porn photographs, and during this process, she was impregnated twice and for the first time at Bareilly and for the second time at Lucknow, she was got aborted. Not only this, when she was pregnant, she was assaulted mercilessly by the applicant's goons.

Earlier, on September 30, the Allahabad High Court had upheld the order of the Chief Judicial Magistrate, Shahjahanpur refusing to allow the state government's application seeking withdrawal of the rape case against former Union minister Chinmayanand Saraswati.

The Court had also asked him to surrender before the trial court by October 30, this period was extended till November 30 by the Supreme Court. 

Now moving to the High Court, his counsel argued that since the applicant was given a protective order during the period of investigation, now, he may be granted anticipatory bail till the conclusion of the trial as he is an old and infirm person aged about 75 years having several sicknesses.

It was also argued that though he was given time till November 30 to surrender and apply for bail, however, the same would not in any manner restrict him and bind him for not exploring his remedy available under law under Section 438 Cr.P.C. for anticipatory bail.

Taking into account the submissions of the counsels for both parties, the Court granted him relief till February 6 by making the following order:

"Till the next date of listing, in the event of arrest of the applicant - Swami Chinmiyanand Saraswati, involved in the aforesaid case shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 1,00,000/- (Rupees One lakh) with two sureties each in the like amount to the satisfaction of the court concerned..."

Counsels for Applicant :- Senior Advocate Anoop Trivedi Abhinav Gaur, Ankit Shukla, Chandra Prakash Pandey, Ramanuj Tiwari, Sr. Advocate

Case title - Swami Chinmiyanand Saraswati Pupil vs. State of U.P. and another

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