Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality Swami Chinmayanand, seeking anticipatory bail for offences under Sections 376, 506 of Penal Code, 1860, the bench of Samit Gopal, J said that the matter requires consideration, and till the next date of listing, Swami Chinmayanand shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 1,00,000/- with two sureties, subject to certain conditions.
Swami Chinmayanand argued that he is an old and infirm person aged about 75 years and has several health issues. It was also argued that although vide order dated 30-9-2022 passed in application under Section 482 Code of Criminal Procedure (CrPC), it was directed that if the applicant surrenders within 30 days, his bail application be decided by the Court in accordance with law, and the said time was extended by the Supreme Court but the same would not in any manner restrict the applicant and bind him for not exploring his remedy available under law under Section 438 CrPC for anticipatory bail. It is further argued that even if the application under Section 482 CrPC of Swami Chinmayanand has been dismissed, the same would again come in the way of the applicant in filing an application for anticipatory bail under Section 438 CrPC.
The State 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 matter will next be taken up on 06-02-23.
[Swami Chinmayanand v. State of UP, 2022 SCC OnLine All 888, decided on 19-12-22]
Advocates who appeared in this case :
Counsel for Applicant:- Advocate Abhinav Gaur, Advocate Ankit Shukla, Advocate Chandra Prakash Pandey, Senior Advocate Ramanuj Tiwari;
Counsel for Opposite Party:- Government Advocate.
*Apoorva Goel, Editorial Assistant has reported this brief.
