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Gender and Sexuality Rule of Law

From “liable to be prosecuted” to “neither opposing nor supporting bail”: The curious case of Delhi Police

Delhi court grants bail to Brij Bhushan Singh and Vinod Tomar even as counsel for petitioners decry that “the accused was very influential”

On July 20, a Delhi court granted bail to the Bharatiya Janata Party (BJP) MP and Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh concerning a case of sexual harassment, molestation and stalking of six women wrestlers. The court has also allowed the bail application of suspended WFI assistant secretary Vinod Tomar.

“I am granting bail on a bond of ₹25,000 each with certain conditions,” Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal said, after having reserved it in the afternoon.

While granting bail, the Delhi court imposed two conditions on him: to not leave the country without its prior permission, and to not offer any inducement to witnesses in the case. It is essential to emphasise here that the minor wrestler complainant had withdrawn her complaint against Singh citing threats and fear of life. Nevertheless, the accused were granted interim bail.

Neither opposing nor supporting the application: Delhi Police

While the hearing for the grant of regular bail to the accused was going on, the public prosecutor, representing Delhi Police, asked the court to try the accused as per law and impose certain conditions if relief was granted.

Shockingly, when the court asked the prosecutor if he was opposing the bail application, he said, “I am neither opposing nor supporting.” The prosecutor further told the court that “Application should be dealt as per law and the order passed by the court.”

It is essential to highlight here that based on the chargesheet, filed on June 13, the Delhi Police had said that in view of the “investigation so far,” Singh is “liable to be prosecuted and punished for offences of sexual harassment, molestation and stalking”. And sadly, today, they did not even oppose the bail petition.

Accused is very influential: Counsel for the complainants

The counsel who appeared for the complainants opposed the application of Brij Bhushan, saying the accused was very influential. “Bail should not be granted. If at all it is granted, strict conditions must be imposed. Witnesses have been approached from time to time, no threat though,” he told the court. Brij Bhushan’s counsel then told the court that he will abide by all conditions.

Background of the case:

On July 18, a Delhi court had granted two-day interim bail to Singh and Vinod Tomar in the said case. Notable, the Delhi Police filed a charge sheet against a six-time MP under several sections of the Indian Penal Code (IPC). The sections include 354 (pertaining to assault or criminal force on a woman with the intent to outrage her modesty), 354A (related to sexual harassment), 354D (concerning stalking), and 506 (relating to criminal intimidation).

Related:

Delhi Police on Brij Bhushan sexual harassment case: “Liable to be prosecuted and punished for sexual harassment, molestation and stalking”

Delhi police file chargesheet against BJP MP Brij Bhushan, submits cancellation report in POCSO Case

Coach accused of threatening Brij Bhushan complainants was also named in a wrestler’s 2017 sexual harassment FIR

Warning or threat, accused MP Brij Bhushan Sharan Singh sends ‘message’ to BJP’s top brass: UP

Delhi Police informs of formation of SIT in the case of sexual harassment allegations being levelled against Brij Bhushan Singh

Committee gives May 21 deadline for arrest of Brij Bhushan; its our protest not “hijacked”by farmers: Vinesh Phogat

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