Delhi court grants interim bail for Brij Bhushan in wrestlers’ case
Brij Bhushan Singh, 66, who is facing sexual harassment allegations is a six-time MP from the Bharatiya Janata Party, and ruled the wrestling body for 12 years.
New Delhi A Delhi court on Tuesday granted two days’ interim bail to former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh, and WFI official Vinod Tomar, in a sexual harassment and molestation case filed by six woman wrestlers and a protest by some of the country’s top grapplers.
The court granted interim bail to the two on a bail bond of ₹25,000 each, and a surety of like amount, after they appeared in the Rouse Avenue court amid heavy security. Singh, 66, is a six-time MP from the Bharatiya Janata Party, and ruled the wrestling body for 12 years.
Also Read | Despite FIR, police did not think to arrest BJP MP Brij Bhushan: Sena (UBT) leader Priyanka Chaturvedi
“In view of the directions of the Hon’ble Supreme Court, the accused persons are admitted to interim bail till the next date of hearing upon furnishing bail bonds in sum of ₹25,000/- each with one surety in like amount,” said additional chief metropolitan magistrate Harjeet Singh Jaspal referring to the guidelines passed by the top court in Satender Kumar Antil vs CBI in 2022.
The Supreme Court had, in the Antil case, observed that where the offences are punishable with imprisonment of seven years or less, where charge sheet is filed without the arrest of the accused and the person has cooperated in the investigation, the bail of has to be decided without taking him into custody or by granting interim bail till regular bail is decided.
{{/usCountry}}The Supreme Court had, in the Antil case, observed that where the offences are punishable with imprisonment of seven years or less, where charge sheet is filed without the arrest of the accused and the person has cooperated in the investigation, the bail of has to be decided without taking him into custody or by granting interim bail till regular bail is decided.
{{/usCountry}}Also Read | ‘Chup’: BJP MP Brij Bhushan breaks reporter's mic; DCW chief calls him ‘gunda’
{{/usCountry}}Also Read | ‘Chup’: BJP MP Brij Bhushan breaks reporter's mic; DCW chief calls him ‘gunda’
{{/usCountry}}“In the matter at hand, the charge sheet has been filed without arrest, as per the police report, the accused persons have cooperated with investigation. The accused persons have put in appearance today upon court summons, that is to say, without any coercive process. The alleged offences are punishable with imprisonment not more than 7 years, and the accused persons undertake to remain present before this court whenever called, and are further ready and willing to furnish bail and are ready to comply with every condition on bail,” the court noted in its order.
{{/usCountry}}“In the matter at hand, the charge sheet has been filed without arrest, as per the police report, the accused persons have cooperated with investigation. The accused persons have put in appearance today upon court summons, that is to say, without any coercive process. The alleged offences are punishable with imprisonment not more than 7 years, and the accused persons undertake to remain present before this court whenever called, and are further ready and willing to furnish bail and are ready to comply with every condition on bail,” the court noted in its order.
{{/usCountry}}Advocate Rajeev Mohan along with advocate Rehan Khan, appearing for Singh and Tomar, filed the applications seeking bail on the ground that the charge sheet was filed without arrest and they had been cooperating with the investigation.
Additional public prosecutor Atul Srivastava opposed the bail applications.
The defence counsel also raised an objection regarding the reporting being done on the charge sheet filed in the case, alleging a media trial. The court asked the counsel to move an appropriate application in this regard.
The court has now listed the matter on July 20 for hearing arguments regular bail applications moved by Singh and Tomar.
Renowned Indian wrestlers, including Olympian medallists Sakshi Malik and Bajrang Punia and world championships medallist Vinesh Phogat, held protests at Jantar Mantar for 38 days demanding Singh’s immediate arrest. They suspended their protest after separate meetings in early June with Union home minister Amit Shah and Union sports minister Anurag Thakur, who assured them that the charge sheet in the case would be filed by June 15.
Protesting wrestlers could not be reached for comment.
Singh, dressed in white, and Tomar appeared for the proceedings in a court packed with advocates and media personnel. The main bulk of the proceedings were completed within 15 minutes, after which the two stayed back to furnish their bail bonds. All the while, Delhi Police and Tripura State Rifles (TSR) maintained heavy security outside the courtroom. Singh and Tomar left court in a security ring.
The charges against Singh are serious and the initial police investigation, as listed in the charge sheet, has also found corroborative evidence to substantiate the allegations made by six women wrestlers. Therefore, the high-profile case should be dealt with sensitivity and transparency, not only because it involves allegations of a serious nature (sexual harassment and molestation, among others) but also because some of India’s most decorated athletes have reposed their faith in the legal system after a protracted street protest.
The court issued the summons to the BJP MP on July 7, when it cognisance on a 1,599-page charge sheet filed by the Delhi Police.
The police had, in charge sheet filed on June 15, charged Singh under sections 354 (assault or criminal force with intent to outrage modesty), 354A (sexual harassment) and 354D (stalking). A conviction under section 354 carries a maximum jail term of five years, under section 354A three years , and under section 354D also three years.
Against Tomar, the police framed charges under sections 354, 354A, 109 (abetment) and 506 (criminal intimidation) IPC.
The police said in the charge sheet that a total of 108 witnesses were examined during investigation out of which 15 had corroborated the allegations made against Singh and Tomar.
“Based upon the investigation carried out so far, it is established that the alleged Brij Bhushan Sharan Singh is liable to be prosecuted and punished for offences under sections 354, 354-A IPC,” the police submitted in the charge sheet.
The police also pointed out that further supplementary charge sheet will also be filed in the case as forensic results of digital devices and analysis of call data records were awaited.
Singh did not respond to requests for comment.
Singh is facing another FIR by a minor, who later changed her statement before a magistrate. On June 15, police filed a 552-page cancellation report in the second FIR. A cancellation report is filed in cases where no corroborative evidence is found against the accused by the investigating agency
The court has sought response from the minor wrestler and her family on whether they agree with the police or have any objections to the cancellation report. This case has been listed for further hearing on August 1.
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