Allegations against Brij Bhushan serious but no purpose would be served by taking accused into custody at this stage: Delhi court

The Delhi Police, which has filed the chargesheet against WFI chief Brij Bhushan Sharan Singh, neither opposed or supported the bail application of the accused persons, the order stated

BJP MP Brij Bhushan Sharan Singh arrives to attend the Monsoon Session of Parliament on July 21, 2023. | Photo Credit: The Hindu

A Delhi court, in a bail order made available on Friday, said that the allegations against outgoing Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh are “serious” but no purpose would be served by taking the accused persons into custody at this stage.

Mr. Singh, also a BJP MP, and suspended WFI assistant secretary Vinod Tomar were granted bail on Thursday by Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of Rouse Avenue court. A case of sexual harassment has been filed against them by six women wrestlers.

The judge said in the bail order, “The allegations are serious, but the seriousness of the allegations, are not the only test or the factor to decide the same... When the undertrial prisoners are detained in jail to an indefinite period, Article 21 of the Constitution is violated. Reliance is placed on observations of the Hon’ble Supreme Court in Sanjay Chandra (Supra). In the matter at hand, in my considered opinion, at this stage, no purpose will be served by taking the accused persons in custody, at this stage.” The accused have been told not to leave the country without prior permission from the court.

The Delhi Police, which has filed the chargesheet, neither opposed or supported the bail application of the accused persons, the order stated.

The court also warned the two accused persons not to, either directly or indirectly, threaten or influence complainants and witnesses.

“The Additional Public Prosecutor has not even opposed the bail, his simple submission is that it must be decided in accordance with directions of the Hon’ble Supreme Court in Satender Kumar Antil (Supra),” the court order said.

Counsel for the complainants had expressed his apprehension that the accused persons may approach the victims, however the present entails no such detail, the order said.

Citing the judgement in theSatender Kumar Antil vs CBI (2022), the order said, the Supreme Court has voraciously advocated the cause of personal liberty and has directed the subordinate courts to follow the guidelines in terms of bail.

The ACMM said it had been highlighted that whenever the accused has not been arrested during investigation and has cooperated in the probe, consequently resulting into the chargesheet being filed without arrest, it is not mandatory for the trial court to take the accused into custody and the bail ought to be decided on merit.