Shahjahanpur Rape Case 2011| After 'No Objection' From State & Complainant, Allahabad HC Grants Anticipatory Bail To Chinmayanand Saraswati

In fact, the Counsel for the complainant filed a counter affidavit stating that the complainant has no objection, whatsoever, if Chinmayanand is enlarged on anticipatory bail.

Taking into account the stand of the complainant and state, the bench of Justice Dinesh Kumar Singh went ahead to grant him anticipatory bail by confirming its earlier order of December 19, 2022, wherein he was granted interim anticipatory bail till February 6.

It may be recalled that while granting him interim anticipatory bail on December 19, the Court had issued notices to the victim and the State government to file a reply in this matter within four weeks. Senior Advocate Anoop Trivedi appeared for Saraswati.

Pursuant to Court’s order, the Complainant filed an affidavit stating that she has no objection if he is granted anticipatory bail.

Significantly, the complainant has also informed the Court that she had no objection even if the state decides to withdraw from prosecution as she has no interest in further prosecuting the aforesaid case.

On the other hand, the state counsels also submitted that the state itself had taken a decision to withdraw from prosecution and had granted permission to the Public Prosecutor to move an application under Section 321 Cr.P.C. (which was rejected by the trial court and later on, the order of the trial court was upheld by the HC) and, therefore, it was further submitted that the State is not opposing to grant the anticipatory bail to the accused-applicant.

In view of these submissions, the Court granted him the relief

The case against Saraswati

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.

Appearances

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

Counsel for Opposite Party: Manish Goyal and Mahesh Chandra Chaturvedi (Additional Advocate Generals) assisted by A.K. Sand (AGA)