Delhi court grants interim bail to Brij Bhushan in sexual harassment case
A Delhi court Tuesday granted two-day interim bail to embattled Wrestling Federation of India chief and BJP MP Brij Bhushan Sharan Singh in the sexual harassment case lodged by women wrestlers, noting that he was not arrested during the investigation and appeared before it “without any coercive process”.
Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal, who also granted interim bail to Vinod Tomar, the suspended WFI assistant secretary, granted relief to both of them on a personal bond of Rs 25,000 each.
The court passed the order after the public prosecutor representing Delhi police submitted even though the charge sheet has been filed without arrest he was still opposed to the bail applications.
“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 magistrate noted.
He also noted that the alleged offences were punishable with imprisonment of not more than seven years.
“Accused persons undertake to remain present before this court whenever called for and are further ready and willing to furnish bail and are ready to comply with every condition on bail. In these circumstances, this court is bound to follow the mandate of the Apex Court,” he said.
The Supreme Court had ruled in 2022 that where the offences were punishable with imprisonment of seven years or less and the charge sheet has been filed without arrest and the accused has cooperated throughout in the investigation, including appearing before investigating officer whenever called, the bail applications may be decided without the accused being taken into physical custody or by granting them interim bail till the bail application is decided.
“Ergo, in view of the directions of the Supreme Court... the accused persons are admitted to interim bail till the next date of hearing upon furnishing bail bonds in sum of Rs 25,000 each with one surety in like amount. Bail bonds furnished, accepted till next date of hearing,” the judge said and adjourned the matter for further hearing on July 20.
The judge also directed the police to hand over a copy of the charge sheet and other documents to the accused.
Singh, who has been at the centre of a massive scandal following allegations of sexual harassment levelled by six women wrestlers and a minor grappler, and Tomar appeared before the court in the case for the first time pursuant to summons issued to them and sought bail.
Notwithstanding vociferous protests by several medal- winning wrestlers, farmer groups and opposition politicians, Singh was never arrested in the case, and has consistently rejected all allegations of misconduct.
On Tuesday, the counsel for the accused alleged “a media trial” was going on against him. The judge then advised the lawyer that he can either move an application in the metropolitan court itself or the high court for relief, and an appropriate order will be passed. However, no such application was moved before the metropolitan court on the accused's behalf.
The court then granted interim bail to Singh and Tomar till Thursday, when his regular bail petition will be considered.
The Delhi police had filed a charge sheet against the six-time MP on June 15 under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
Tomar was charged with offences under IPC sections 109 (abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment), 354, 354A and 506 (criminal intimidation).
Besides the present case involving six women wrestlers, another FIR was registered against Singh pursuant to allegations made by the minor grappler, which was registered under the Protection of Children from Sexual Offences (POCSO) Act. She was among the seven female wrestlers who had accused Singh of sexual harassment.
Both the FIRs spoke of several alleged instances of sexual harassment like inappropriate touching, groping, stalking and intimidation by Singh at different times and places over a decade.
The minor wrestler's father had later claimed the allegations levelled by her against the MP were "false" and aimed at getting even with him over perceived injustice to the girl.
In the minor's case, the court had on July 4 sought a response from the girl and the complainant on the final report filed by Delhi police seeking cancellation of the case against Singh.
Delhi police had on June 15 submitted the report seeking cancellation of the FIR filed with regard to the allegation of sexual harassment against Singh.
A cancellation report is filed in cases where police fail to find corroborative evidence after due investigation.
The cause of the women wrestlers was taken up by decorated grapplers like Olympic medallists Bajrang Punia and Sakshi Malik, and Asian Games champion Vinesh Phogat. The protest by celebrity wrestlers drew support from a host of opposition parties and farmer organisations.
