VIJAI PRAKASH SINHA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Prashant Chandra, learned Senior Advocate, assisted by Akhilesh Kumar Singh Tomar, Advocate and Miss Meha Rashmi, Advocate for the applicant, Shri I.B. Singh, learned Senior Advocate, assisted by Shri Alok Saran, Advocate and Shri Ishan Baghel, Advocate and Shri Anil Kumar Tewari, learned Senior Advocate, assisted by Shri Pawan Awasthi, Advocate for the complainant and Shri Madan Mohan Pandey, learned Additional Advocate General, assisted by Shri Shiv Nath Tilhari, learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed by the applicant in case crime No.252/2017, under Ss. 342/323/504/506/354A/354(A)(2)/295A/420/406 I.P.C. and Sec. 11(1)/12POCSO Act, amended Ss. 342/ 323/ 504/ 506/ 354A/ 354(A)(2)/ 295A/ 406/ 420/ 376/ 511/ 120B I.P.C. and Sec. 9(1)9 (P) 10 POCSO Act, police station - Gomtinagar, District - Lucknow.

(3.) This F.I.R. was lodged on the basis of a resolution of the Executive Committee of Uttar Pradesh Badminton Academy Association dtd. 12/2/2017. It was lodged by the complainant Jang Bahadur Singh, Chief Security Officer, Babu Banarsi Das, Uttar Pradesh Badminton Academy. It is alleged in the F.I.R. that Nishant Sinha S/o Dr.Vijay Sinha, who was the Executive Secretary of the Badminton Academy was sexually harassing the girl players in the academy, in this regard complaints were received from various corners. This apart, it is also alleged that for issuing No Objection Certificate, money was extracted and in theseactivities, Dr. Vijay Sinha had fully supported his son Nishant Sinha. Regarding such complaints an inquiry was conducted through Inquiry Commission headed by one retired district judge and it was found that the complaints made by the victims are correct. This apart, in inquiry report dtd. 23/1/2017 submitted by Inquiry Commission, the allegation of sexual and mental harassment by Nishant Sinha duly supported by his father Dr. Vijay Sinha was found correct.A complaint was also made by one of the complainants to the effect that she had joined Babu Banarsi Das Uttar Pradesh Badminton Academy alongwith his brother in 2013 but she was forced to leave the Academy because she was physically harassed. Some other female candidates had also made similar allegation against him. Apart from physical harassment of the candidates, it is also alleged that Nishant Sinha had forced the female candidates to come in his room and do obscene activity. It is further alleged that Dr. Vijay Sinha had also embezzled the money from the society.