From “liable to be prosecuted” to “neither Opposing Nor Supporting Bail”: The Curious Case of Delhi Police

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 It is essential to emphasise here that the minor wrestler complainant had withdrawn her complaint against Singh citing threats and fear of life.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).