The Allahabad High Court has confirmed the interim anticipatory bail granted to former Union minister of state Swami Chinmayanand Saraswati in connection with the rape case lodged against him in Shahjahanpur.
The order was issued after the complainant submitted an affidavit before the court stating that she has no objection to the withdrawal of this criminal prosecution and is not interested in further prosecuting the aforesaid case.
The court also took into consideration the submissions made by the UP government’s counsels, who informed the bench that the state government has decided to withdraw from prosecution and has granted permission to the public prosecutor to move an application under Section 321 criminal procedure code (CrPC).
Therefore, the state was not opposing to granting the anticipatory bail to the accused-applicant.
While disposing of the anticipatory bail application filed by Swami Chinmayanand, Justice Dinesh Kumar Singh observed, “Considering the stand of the complainant and the state, this court finds it appropriate that the interim order (dated December 19, 2022) by which interim anticipatory bail was granted be confirmed and thus, the accused-applicant is admitted on anticipatory bail”.
However, the court directed Chinmayanand to appear before the trial court concerned within one week from Monday (February 6) and submit a personal bond and two sureties — each of the like amount to the satisfaction of the court concerned, if he has already not submitted in pursuance to the interim order dated Dec 19, 2022.
The court further directed the concerned trial court to release the accused-applicant on anticipatory bail with any other conditions as it may deem fit in the facts and circumstances of the case.
The applicant had taken the plea that he is a 75-year-old man and does not have any criminal history. His plea added that he is running many medical and educational institutions and is a person of high political and spiritual value.
The case dates back to 2011. Chinmayanand was accused of raping a college student by taking her hostage in his ashram.