In relation to the 2011 Shahjahanpur Rape Case, the Allahabad High Court on Monday, December 19, granted temporary anticipatory bail to former Union minister Chinmayanand Saraswati.

“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 with the following conditions:-
(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned.
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him / her from disclosing such facts to the Court.
(iii) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited by him before the concerned court forthwith.”

The Justice Samit Gopal bench granted him anticipatory bail until February 6 after sending notifications to the victim and the State government to provide a response in this case within four weeks.

" 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 should be remembered that Chinmayanand was arrested in this case after a woman who had lived at his ashram for 11 years accused him of raping her. In the case, the police have already submitted a chargesheet under IPC sections 506 (criminal intimidation) and 376 (rape). 

On September 30, the Allahabad High Court upheld the Chief Judicial Magistrate of Shahjahanpur's decision to deny the state government's request to have the rape case against former Union minister Chinmayanand Saraswati withdrawn. Additionally, the Supreme Court extended the deadline to November 30 after the Court had instructed him to appear in front of the trial court by October 30.

By issuing the following order, the Court gave him relief until February 6 after considering the arguments made by the attorneys for both parties:

" 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..."

Case Title : Swami Chinmiyanand Saraswati Pupil vs. State of U.P. and another
Citation: CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/ S 438 CR.P.C. No. - 11900 of 2022
Link: 

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do