NEW DELHI: Allegations of sexual harassment in opposition to outgoing WFI Chief Brij Bhushan Sharan Singh was once “serious” however no objective can be served by way of taking him into custody at this degree, a Delhi courtroom order launched on Friday stated.
The courtroom on Thursday granted common bail to Singh, a six-time BJP MP, and likewise allowed the bail software of suspended Wrestling Federation of India (WFI) assistant secretary Vinod Tomar,
Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal made the observations in his nine-page order handed on Thursday, which was once made to be had on Friday.
In the order, the pass judgement on stated, “In the instant case, the allegations are serious. In my view, the seriousness of the allegations, no doubt, is one of the relevant considerations while considering bail applications but it is not the only test or the factor to decide the same. When the undertrial prisoners are detained in jail for an indefinite period, Article 21 (right to life and personal liberty) of the Constitution is violated.”
“In the matter at hand, in my considered opinion, at this stage, no purpose will be served by taking the accused persons into custody, at this stage,” he stated.
The courtroom famous that Singh and Tomar had been accused of molestation/sexual attack, which carried a most punishment of 7 years imprisonment.
The pass judgement on additional famous that the accused weren’t arrested throughout the investigation and as according to the police document, they cooperated within the investigation.
“At no stage, the Investigating Agency, speaking through the Additional Public Prosecutor, has expressed its apprehension that the accused persons are abusing their positions or are making attempts to tamper with evidence,” the pass judgement on famous.
What has been conveyed is that enough prerequisites should be imposed to the level that the accused individuals don’t, immediately or not directly, means the sufferers to steer them, he famous.
“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 Supreme Court,” the pass judgement on noticed.
The pass judgement on famous that the suggest for the complainants, upon being requested, has no longer put on file any particular example the place the sufferers had been threatened.
However, the suggest has expressed his apprehension that the accused individuals would possibly means the sufferers and would possibly attempt to affect them in long term, on the other hand, the existing involves no such element, the pass judgement on additional famous.
“The law of the land is equal for all, it can neither be pulled in favor of the victims nor can it tilt in favor of the accused,” stated the pass judgement on.
The pass judgement on directed that the accused shall no longer tamper with any proof, or make any danger, inducement or promise to any sufferer or some other witnesses in any approach in any respect.
“The accused persons shall attend the court whenever called. The accused persons shall not commit any similar crimes, of which they are suspected. The accused persons shall not leave the country without the prior permission of the court,” the pass judgement on directed.
The Delhi Police had filed a rate sheet in opposition to the six-time MP on June 15 below sections 354 (attack or legal power to lady with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 506 (legal intimidation) of the Indian Penal Code (IPC).
The courtroom on Thursday granted common bail to Singh, a six-time BJP MP, and likewise allowed the bail software of suspended Wrestling Federation of India (WFI) assistant secretary Vinod Tomar,
Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal made the observations in his nine-page order handed on Thursday, which was once made to be had on Friday.
In the order, the pass judgement on stated, “In the instant case, the allegations are serious. In my view, the seriousness of the allegations, no doubt, is one of the relevant considerations while considering bail applications but it is not the only test or the factor to decide the same. When the undertrial prisoners are detained in jail for an indefinite period, Article 21 (right to life and personal liberty) of the Constitution is violated.”
“In the matter at hand, in my considered opinion, at this stage, no purpose will be served by taking the accused persons into custody, at this stage,” he stated.
The courtroom famous that Singh and Tomar had been accused of molestation/sexual attack, which carried a most punishment of 7 years imprisonment.
The pass judgement on additional famous that the accused weren’t arrested throughout the investigation and as according to the police document, they cooperated within the investigation.
“At no stage, the Investigating Agency, speaking through the Additional Public Prosecutor, has expressed its apprehension that the accused persons are abusing their positions or are making attempts to tamper with evidence,” the pass judgement on famous.
What has been conveyed is that enough prerequisites should be imposed to the level that the accused individuals don’t, immediately or not directly, means the sufferers to steer them, he famous.
“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 Supreme Court,” the pass judgement on noticed.
The pass judgement on famous that the suggest for the complainants, upon being requested, has no longer put on file any particular example the place the sufferers had been threatened.
However, the suggest has expressed his apprehension that the accused individuals would possibly means the sufferers and would possibly attempt to affect them in long term, on the other hand, the existing involves no such element, the pass judgement on additional famous.
“The law of the land is equal for all, it can neither be pulled in favor of the victims nor can it tilt in favor of the accused,” stated the pass judgement on.
The pass judgement on directed that the accused shall no longer tamper with any proof, or make any danger, inducement or promise to any sufferer or some other witnesses in any approach in any respect.
“The accused persons shall attend the court whenever called. The accused persons shall not commit any similar crimes, of which they are suspected. The accused persons shall not leave the country without the prior permission of the court,” the pass judgement on directed.
The Delhi Police had filed a rate sheet in opposition to the six-time MP on June 15 below sections 354 (attack or legal power to lady with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 506 (legal intimidation) of the Indian Penal Code (IPC).