SC grants bail to Kejriwal’s aide Bibhav Kumar in Swati Maliwal assault case

New Delhi [India], September 2 (ANI): The Supreme Court on Monday granted bail to Chief Minister Arvind Kejriwal’s aide Bibhav Kumar, accused of assaulting AAP Rajya Sabha member Swati Maliwal.

A bench of Justices Surya Kant and Ujjal Bhuyan took into note that Kumar is in custody for 100 days and chargesheet has already been filed in the case.

It also considered that there are more than 51 witnesses proposed by the prosecution for examination and the conclusion of the trial will take some time.

“Petitioner is in custody for 100 days. Chargesheet filed. Injuries are simple. It’s a case for bail, you should not oppose. You can’t keep a person in jail in such case,” said the apex court to ASG SV Raju, representing Delhi police, who was opposing the grant of bail to Kumar.

The bench said trial court shall make an endeavour to finish examination of important and vulnerable witnesses first within three months.

It also imposed certain conditions on Kumar saying he shall not be restored as PS of Delhi Chief Minister or political office associated with the CM office.

The top court further said that Kumar shall not enter Chief Minister’s residence till all witnesses are examined.

Kumar shall not make any public comment on the case which is sub judice before trial court, it added.

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Kumar, submitted that the injuries to Maliwal are simple and the invocation of the offence under Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder) was not justified.

He further said that witnesses are the officials of the Delhi police itself and hence there was no scope for intimidating or influencing of witnesses.

ASG Raju argued that the bail should be deferred till the examination of private witnesses are complete.

Kumar had approached the apex court challenging Delhi High Court’s order denying him bail.

On July 12, High Court had dismissed Kumar’s bail plea, saying he enjoys “considerable influence” and no ground to grant him the relief was made out.

The High Court had said that it cannot be ruled out that witnesses may be influenced or evidence tampered with in case Kumar is released on bail.

On May 16, an FIR was registered against Kumar under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.

Kumar had moved the High Court after a Tis Hazari court here dismissed his bail plea on May 26. Approaching the High Court, Kumar sought bail and claimed the allegations were false and his custody was no longer required as the investigation was over.

The Delhi Police had opposed Kumar’s bail plea saying that releasing him on bail may influence the probe.

Kumar is accused of assaulting Maliwal at the Chief Minister’s residence in New Delhi on May 13.