NEW DELHI: The Allahabad High Court has confirmed the anticipatory bail granted to former Union Minister and BJP leader Swami Chinmayanand in an alleged rape case, noting that the victim as well as the state government did not have any objection to it.
A single judge bench of Justice Dinesh Kumar Singh also noted the alleged victim in an affidavit has stated that she had no objection for withdrawal of the instant criminal prosecution and that she has no interest in further prosecuting the case.
"The deponent has no objection whatsoever if the instant anticipatory bail application is allowed and the applicant is enlarged on anticipatory bail,” the court said.
The court also said the state government has not opposed the petition for the confirmation of the interim order anticipatory bail of December 19, 2022 and has taken a decision to withdraw from prosecution and has granted permission to the Public Prosecutor to move an application under Section 321 of the CrPC.
Notably, in pursuance of the decision of the state government for withdrawal of the instant criminal prosecution, the Public prosecutor had filed an application under Section 321 of CrPC for withdrawal of the case, but the same was rejected by the trial court in larger public interest and secure the ends of the justice.
The instant case was lodged in 2011 in Shahjahanpur on a complaint made to the Chief Minister. The police had subsequently filed a charge sheet under Sections 376 and 506 of the IPC.
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