WFI chief Brij Bhushan granted bail in sexual harassment of wrestlers case

A Delhi Court on Thursday granted bail to former WFI chief Brij Bhushan Sharan Singh and official Vinod Tomar in the alleged sexual harassment case filed by six women wrestlers.

BJP MP Brij Bhushan Sharan Singh leaves after the first day of Monsoon session of Parliament(PTI)

Additional chief metropolitan magistrate Harjeet Singh Jaspal granted the duo bail on a personal bond of Rs. 25,000 each while also imposing the conditions that they would not travel out of the country without prior permission from the court and they will not influence any witnesses or tamper with the evidence.

The court had earlier in the day reserved order after hearing the submissions of all the parties while both Singh and Tomar were present in the court.

The prosecution had submitted before the court that they are neither opposing the bail application nor supporting the bail but urged the court that the bail application should be dealt with in accordance with law.

The counsel for the complainants, on the other hand, opposed the bail application submitting that if the court grants bail to the accused, strict conditions should be imposed on them. He had also apprised the court that there is an apprehension of threat among the wrestlers as Singh is an influential person.

Advocate Rajiv Mohan and advocate Rehan Khan, appearing for Singh and Tomar submitted that they are willing to abide by all the conditions which would be imposed by the court while granting bail.

"If there is any apprehension amongst the complainants, I am undertaking that there would be no threat from our side", Mohan further added. The court has now listed the matter for further hearing on July 28. The court had earlier this week granted two days interim bail to the duo citing the Supreme Court judgment in Satendra Kumar Antil (2022).

The Supreme Court had, in the Antil case, observed that where the offences are punishable with imprisonment of seven years or less or where charge sheet is filed without the arrest of the accused or 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.

The Delhi police had registered the FIR in the case, on April 28, after the intervention of the Supreme Court. A 1599-page chargesheet was filed by the police, after conducting a probe in the case, on June 15. The court, on July 7, took cognizance of the chargesheet and issued summons to both Singh and Tomar.

The police had charged Singh under sections 354 (assault or criminal force with intent to outrage modesty), 354A (sexual harassment) and 354D (stalking), while the police framed charges against Tomar under sections 354, 354A, 109 (abetment) and 506 (criminal intimidation) IPC.

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. 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 in the chargesheet 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 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 which is pending before a POCSO court.

The court has sought a 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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