Gurugram: A district court in Chandigarh Friday allowed the anticipatory bail plea of Haryana minister Sandeep Singh in a sexual harassment case registered against him last year based on the complaint of a junior athletics coach of the sports department.
While allowing the bail application with conditions, Additional Sessions Judge Rajeev K. Beri upheld the plea’s argument — that Singh had not been arrested by the Chandigarh Police so far and that they did not have any requirement of his arrest.
The judge’s order also stated that the contention of the complainant that the (accused) was a legislator or could influence court proceedings “apparently appears to be far-fetched” as the record so far suggested that though Singh had not been arrested by the police, he had appeared before it, was ready to face trial, and prima facie there was no other eyewitness to the alleged harassment except the complainant herself.
The order, which has been accessed by ThePrint, also noted that the complainant’s statement already stands recorded and that the chargesheet had been filed in the case.
Singh, a former captain of the Indian hockey team, is a BJP MLA from Haryana’s Pehowa and was also the state sports minister till he resigned from the post in January this year following the harassment complaint against him. However, he continues to hold the printing and stationery portfolio.
Last December, the junior athletics coach in the Haryana sports department had lodged an FIR at Sector 26 police station in Chandigarh. It detailed an alleged assault on her by Singh on 1 July, 2022, at his official residence.
The woman coach — who got a job under the Haryana government’s ‘Outstanding Sportspersons’ category — accused him of trying to “kiss her”, “tugging” at her T-shirt, which tore in the process, and attempting to rape her, although she thwarted his bid.
The FIR also stated that Singh kept threatening her after the incident and that when she didn’t give in to his advances, she was transferred to Jhajjar from Panchkula.
Singh has denied all allegations and termed the FIR an attempt to malign his image.
He has been charged under Sections 354 (assault or use of criminal force against a woman with intent to outrage her modesty), 354A (sexual harassment), 354B (assault or criminal force with intent to disrobe), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
In his bail application, Singh stated that he had been falsely implicated, and that the FIR had been lodged after a huge unexplained delay of about six months.
His plea also said the complainant had nursed a grudge as her application for training in Turkey had been rejected by the sports department.
Singh’s bail plea states: “To investigate alleged false allegations, SIT (Special Investigation Team) was formed which issued a notice under Section 41-A CrPC (Code of Criminal Procedure) to the applicant in response to which he joined the investigation on 07.01.2023, 10.02.2023, 02.06.2023 and 02.08.2023. The investigation was completed and the challan (chargesheet) has been presented before the learned Trial Court in which notice of summoning has been issued to applicant. He was never arrested. Investigating Agency never needed his custody nor it requires now.”
Also Read: Haryana minister Sandeep Singh, hockey captain who inspired ‘Soorma’, booked for sexual harassment
The court’s stand
The Chandigarh court didn’t find any merit in the contention of the police that Singh’s bail application was not maintainable because the chargesheet had already been submitted and the police had never sought his custody.
The court pointed out that some of the offences in the FIR were non-bailable in nature and the applicant apprehended arrest on appearance before the trial court.
“In the absence of any apprehension of the arrest of the applicant by the police, he apparently has apprehension of arrest by the learned trial court,” the court reasoned, while trashing the argument of non-maintainability of the bail plea.
Regarding the rape attempt allegation against Singh by the complainant, the court said it was subject to proof at the time of trial.
“Her statement under Section 164 CrPC already stands recorded. Its copy is furnished on file by learned Additional Public Prosecutor as per which certain incidents of March 2022 also have been narrated. The same is nowhere mentioned in the FIR. All these allegations are subject to proof in a regular trial investigation,” said the order.
Regarding the apprehension of the complainant about threat to her life and privacy, the court said that these could be taken care of by imposition of commensurate conditions.
“Keeping in view the above-detailed circumstances, and without commenting upon the merits of the case, this application is allowed with the condition that the applicant shall surrender before Trial Court/Illaqa Magistrate, Chandigarh, within 10 days from today and will furnish his personal bond with one like surety, each of Rs One lakh, to the satisfaction of said Court,” the order stated.
“That court may impose appropriate conditions additionally, keeping in mind the alleged apprehension of the complainant about the threat to her life and privacy. In the event of non-compliance of above said terms in the given time, this application shall be deemed to have been dismissed,” it added.
(Edited by Nida Fatima Siddiqui)
Also Read: ‘No panga with minister’—Haryana woman sprinter’s lone battle against sexual harassment