SC grants bail to Kejriwal's close aide Bibhav Kumar in Swati Maliwal assault case
New Delhi: The Supreme Court on Monday granted bail to Bibhav Kumar, a close side of Arvind Kejriwal, in a case of "brutal assault" upon AAP's Rajya Sabha MP Swati Maliwal at the official residence of the Chief Minister on May 13.
A bench of Justices Surya Kant and Ujjal Bhuyan noted that the investigation has been completed after the filing of the chargesheet and the accused petitioner has remained in custody for over 100 days.
The bench told Additional Solicitor General S V Raju, appearing for the Delhi police, that this was a case of minor injuries and he should not oppose bail in the matter.
The court also noted that there were more than 51 witnesses and the trial would take time to conclude, and as the chargesheet has been filed, there "was no chance of him" influencing the witnesses.
Senior advocate A M Singhvi, appearing for the petitioner, said since most of the witnesses were the officials of Delhi police, there was no possibility of him influencing them. He also raised the issue of Section 308 of the IPC related to attempt to commit culpable homicide.
Raju contended that the bail should be deferred till the examination of private witnesses.
The bench, however, decided to release the petitioner on bail with the clear conditions that he should not be restored to the position of the personal secretary of the Chief Minister or be given any official assignment. It also restrained the petitioner from entering the official residence of the Chief Minister.
During the hearing, a counsel for the complainant raised the issue of "malicious campaign" raised against her (Maliwal).
Kumar is alleged to have assaulted Maliwal on May 13 at Kejriwal's official residence here.
He was apprehended on May 18 after the FIR was registered against him on May 16 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.
He challenged the Delhi High Court's order of July 12 which rejected his bail application, observing that the possibility of him influencing the witness or tampering with evidence could not be ruled out.