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Court Grants Bail To Brij Bhushan, Imposes Conditions

By LokMarg 20th July 2023

A Delhi court on Thursday granted regular bail to outgoing Wrestling Federation of India President Brij Bhushan Sharan Singh and the Federation’s assistant secretary Vinod Tomar Singh in the sexual harassment case registered by several wrestlers.

Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal on Thursday while allowing the bail petition, directed accused persons to furnish a personal bail bond of Rs 25,000 each.
The Court also imposed several bail conditions that the accused shall directly or indirectly not induce the complainants or witnesses and shall not leave the country without the permission of the court.

He shall not leave the country without the permission of the court, the court said.

The next date of the hearing is July 28 for scrutiny of documents. The court, earlier in the day kept the order reserved after the conclusion of the arguments of all sides.

The Court had noted that the Delhi Police lawyer said that he is neither opposing nor supporting the bail application, his submission is only that the same shall be dealt with provision of law.

During the arguments, Advocate Harsh Vohra appeared for the complainants and stated that since Singh has political influence and was the head of the association of which these complainants are a part, therefore bail should not be granted to him.

If bail is granted it should be done so by imposing strict conditions and he should not approach the complainants.

Advocate Rajiv Mohan who appeared for Brij Bhushan submitted that, in a case where the prosecution doesn’t require custodial interrogation, an arrest is not mandatory.

Singh submitted that he will abide by all conditions and there was no threat to anyone. He said that he was ready to give an undertaking that no such incident will happen.

The Rouse Avenue Court on the last date of hearing had granted interim bail to the BJP MP Brij Bhushan and Vinod Tomar in sexual harassment case registered by several wrestlers.

Appearing for Delhi Police, Special Public Prosecutor Atul Srivastava earlier submitted that, “We have not arrested the accused, we leave it to the court if they want to grant him bail but we are opposing bail… some conditions can be imposed on him that he does not influence the witnesses.”

The Delhi Police chargesheet filed against Brij Bhushan Sharan Singh and Vinod Tomar stated that both the accused are chargesheeted for trial ‘without arrest’ as they have complied with the directions under section 41A of CrPC by joining the investigation.

Results of digital/electronic devices and exhibits seized and deposited with the concerned forensic labs are yet to be received and shall be filed through supplementary police reports.

The analysis of requisitioned CDRs etc., as found appropriate for the purpose of prosecution shall also be submitted expeditiously, stated the Delhi Police in the chargesheet.

The present chargesheet has been prepared against the alleged accused Brij Bhushan Sharan Singh and Vinod Tomar for the commission of an offence under sections 354/354A/354D of the Indian Penal Code (IPC) (Brij Bhushan Sharan Singh).

Accused Vinod Tomar aided/facilitated the commission of the crime. Accordingly, he is being forwarded for trial under sections 354/354A/109/506 of IPC.

Chargesheet further stated that based on the investigation so far, Brij Bhushan Singh was “liable to be prosecuted and punished for offences” of sexual harassment, molestation and stalking.

A 1599 pages chargesheet in the case, having statements of 44 witnesses and six statements were recorded under CrPC 164.

Delhi Police in the chargesheet also submitted several pictures including the picture clicked during the events.

Delhi Police chargesheet stated that based on the “investigation so far,” of the complaints by six top wrestlers, Singh was “liable to be prosecuted and punished for offences” of sexual harassment, molestation and stalking.

Chargesheet stated that witnesses in the matter have mentioned that they also saw the physically wrong gesture of the then WFI president.

Delhi Police had filed a chargesheet against Brij Bhushan Sharan Singh and Vinod Tomar on June 15.

This case was lodged on a complaint lodged by women wrestlers.

Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal issued summons to Brij Bhushan Sharan Singh and Vinod Tomar after taking cognizance of the chargesheet.

In the wrestlers’ matter, two FIRs were registered against Brij Bhushan Singh on the basis of the wrestlers’ complaints.

One was registered under POCSO Act and a cancellation report has been filed in the case of a minor wrestler. The second FIR was filed on the complaint of several wrestlers.

In Patiala House Court, Delhi Police filed Cancellation Report, citing a lack of evidence, on the POCSO matter.

Delhi Police on June 15 filed a report recommending the cancellation of the POCSO case against Wrestling Federation of India (WFI) Chief Brij Bhushan Sharana Singh.

This comes after the minor, who had accused the WFI chief of sexual harassment changed her statement. There was no collaborative evidence in the case, Delhi Police said.

In both matters, Delhi Police officials had said that in the FIR registered by the wrestlers, after completion of investigation, we are filing a chargesheet for the offences under sections 354, 354A, 354D IPC against accused Brijbhushan Sharan Singh and for offences under sections109/ 354/354A/506 IPC against accused Vinod Tomar before the Rouse Avenue Court, said Suman Nalwa, PRO, Delhi Police.

In the POCSO matter, after completion of the investigation, we have submitted a police report under section 173 Cr PC requesting for a cancellation of the case based upon statements of the complainant i.e., the father of the victim and the victim herself, added Delhi police. (ANI)