The Supreme Court on Monday granted bail to Chief Minister Arvind Kejriwal’s aide Bibhav Kumar, accused of assaulting Aam Aadmi Party’s Rajya Sabha member Swati Maliwal.
Granting bail to Kumar, a bench of Justice Surya Kant and Justice Ujjal Bhuyan noted that he is in custody for 100 days and chargesheet has already been filed in the case.
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The court also considered that there were more than 51 witnesses cited 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 a case,” the court told Additional Solicitor General (ASG) SV Raju, who appeared for the Delhi police opposed to the grant of bail to Bibhav Kumar.
The bench said that the trial court shall make an endeavour to finish the examination of important and vulnerable witnesses first within three months.
Amongst the certain conditions imposed by the court included that Bibhav Kumar shall not be restored as PS of Delhi Chief Minister or political office associated with the CM office.
Besides this, the court directed that Bibhav Kumar shall not enter Chief Minister’s residence till all witnesses are examined and shall not make any public comment on the case which is sub judice before trial court.
During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Kumar, told the bench 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.
Senior advocate further said that the witnesses are the officials of the Delhi police itself and hence there was no scope for intimidating or influencing witnesses.
The ASG Raju argued that the bail should be deferred till the examination of private witnesses are complete.
Kumar had approached the topx 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 relating 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, 2024.
Kumar is accused of assaulting Maliwal at the Chief Minister Kejriwal’s residence in New Delhi on May 13, 2024.
