"Law equal for all": Delhi court while granting bail to Brij Bhushan Sharan Singh in sexual harassment case

The law of the land is equal for all and can neither be pulled in the favour of the victims nor tilted to favour the accused, observed a Delhi court in its order granting bail to BJP Member of Parliament (MP) Brij Bhushan Sharan Singh in the sexual harassment case filed against him by women wrestlers. [State v. Brij Bhushan Singh and anr.] .Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of the Rouse Avenue Courts observed that the allegations in the case were serious.However, the Court said that the seriousness of the allegations is only one of the relevant considerations while considering bail applications. It is not the only test or the factor to decide on the grant of bail, the Court explained. ."When the undertrial prisoners are detained in jail to an indefinite period, Article 21 of the Constitution is violated," the Court added. .Pertinently, the Court noted that the Additional Public Prosecutor did not oppose grant of bail to Brij Bhushan.Further, the Court found that the investigating agency has not expressed any apprehension that Brij Bhushan and co-accused Vinod Tomar may abuse their position to tamper with evidence.Although the counsel for the complainants raised such concern, no specific instance has been placed on record to show that victims were threatened, the Court found. Therefore, Judge Jaspal granted bail to both Brij Bhushan Sharan Singh and co-accused Vinod Tomar. .Six female wrestlers have levelled allegations of sexual harassment against Brij Bhushan Singh. Based on their complaints, the police had registered a first information report (FIR).On June 15, 2023, the police filed a chargesheet against Singh for offences under Sections 354 (outraging modesty), 354A (sexually coloured remarks), 354D (stalking) and 506 (1) (criminal intimidation) of the Indian Penal Code (IPC)..Before this, several wrestlers had staged a protest over the apparent failure of the authorities to act on sexual harassment allegations levelled against Singh.They had also moved the Supreme Court for registration of an FIR against Singh.Subsequently, the Supreme Court was informed by Delhi Police that an FIR was registered and that the investigation was on track.A minor wrestler had also levelled allegations against Singh. However, she later withdrew her complaint and the Delhi Police filed a cancellation report in that case..[Read Order]