The Delhi High Court on Friday dismissed a bail plea moved by Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, in the Swati Maliwal alleged assault case.
The bench of Justice Anoop Kumar Mendiratta while refusing bail said there is apprehension that Kumar could influence the witnesses
On July 10, 2024, during the hearing, Swati Maliwal was present in the court and submitted that “Not only was I brutally assaulted by the PA, later the Chief Minister himself came on the street to protect him. Many press conferences were done by the Delhi Ministers making malicious allegations against me. I was shamed…”.
“My life and those of my family are under threat. I went for a medical in a relative’s car and even that car’s details were made public. Please give me justice,” stated Swati Maliwal.
Senior advocate Sanjay Jain who appeared for the Delhi Police strongly opposed the bail plea of Bibhav Kumar and submitted that they will file the chargesheet in the case on July 16.
“Bibhav was a highly influential person. Despite being dismissed as a Government officer; he was drawing a salary equivalent to a joint secretary. This shows how highly influential Bibhav is and the kind of power he exercises. He exercises enormous powers. With that kind of powers, he has the propensity to tamper with the witnesses and evidence,” Jain said.
However, Senior Advocate N Hariharan appeared for Bibhav and submitted, “This is my 54th day in custody, including eight days remand period. This will amount to a pre-arrest trial. The incident is of May 13, 2024. The FIR was registered on May 16. As per the case, Swati chose to go to the Police Station on May 13, however, he didn’t register any FIR.”
“There was no appointment given to her, she just barged in. It is highly unimaginable that a political secretary will beat Swati Mailwal, who is a sitting MP. Why was there a delay of three days in the registration of the FIR?” the lawyer asked.
Bibhav, through a plea, stated, “The present is a classic case of abuse of criminal machinery and subterfuge investigation, as the petitioner or accused and the complainant have both lodged complaints against each other. But it is only the case of the complainant that is being investigated. This is because the complainant is an influential person, being a Member of Parliament in the Rajya Sabha. No investigation is being done on the part of the complaint given by the petitioner regarding the breach by the complainant, as demonstrated by the breach report prepared at the date of the incident by the officials deputed at the CM Camp Office.”
Speaking about the case to the reporters, Bibhav Kumar’s advocate, Rishikesh Kumar said, “Today there was a hearing on Bibhav Kumar’s bail application. We kept our arguments that the investigation has almost completed. He has been in custody for 54 days. The complainant’s statement has been recorded. All the evidences have been collected. Taking into consideration all these, we pleaded for Bibhav Kumar’s bail. From their side, our bail application was opposed. They said that there are chances of tampering of evidence. After hearing both sides, the court has reserved its judgement and will give its verdict on July 12.”
On the chargesheet that is yet to be filed by the Delhi Police, Kumar said, “The Police has given an undertaking to the court that it will file the chargesheet by July 16.”
Delhi’s Tis Hazari Court recently dismissed the second bail plea of Bibhav Kumar in view of the threats received by the victim, Swati Maliwal and apprehension of influencing the witnesses by the accused.
While dismissing the bail application, the court observed, “In view of the fact that investigation is at initial stage and there is a fear in the mind of the victim regarding her security as well as the security of her family members. There is also apprehension that the accused Bibhav Kumar would influence the witnesses, if at liberty…”
“So I do not find any merit in the bail application of the accused, Bibhav Kumar. Hence, the present regular bail application of the accused Bibhav Kumar is hereby dismissed,” Special Judge Ekta Gauba Mann ordered on June 7.
Swati Maliwal earlier alleged that her family and extended family members have been receiving continuous threats. She also stated that she is scared as there is a risk to her life as well as lives of her family members if the accused is granted bail. She strongly opposed the bail application.
Bibhav Kumar was arrested on May 18 in connection with the alleged assault on AAP MP Maliwal. Kumar was picked up from the Chief Minister’s residence by a Delhi Police team, a day after Maliwal recorded her statement before a magistrate at the Tis Hazari court.
