The Supreme Court has granted bail to Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, who was arrested for allegedly assaulting Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal.
A bench of Justices Surya Kant and Ujjal Bhuyan was hearing Kumar’s plea seeking bail and also challenging his arrest in the case.
In May, Maliwal had alleged that Kumar assaulted her at Kejriwal’s official residence. The Delhi Police filed a case in the matter and arrested Kumar.
During the hearing, Justice Bhuyan noted that Bibhav Kumar had been in judicial custody for 100 days and charge sheet had been filed.
“Injuries (to Maliwal) are simple. It’s a case for bail. You should not oppose. You can’t keep a person in jail in such a case,” Justice Bhuyan said.
Additional Solicitor General SV Raju, appearing for the Delhi Police, said, “There are certain important witnesses, who are under his (Bibhav) influence. Let them be examined. I won’t oppose then.”
“That way, we can’t grant bail to any person,” Justice Bhuyan replied, adding that the apprehension was “far-fatched”.
Bibhav Kumar was arrested by Delhi Police on May 18.
Last month, a Delhi court extended the judicial custody of Kumar till September 13.
Senior advocate AM Singhvi, appearing for Kumar, said that the injuries being simple, it is not justified to charge him under Section 308 of the Indian Penal Code, which deals with attempt to commit culpable homicide not amounting to murder.
The senior counsel also contended that there was no chance of influencing the witnesses as they were personnel of Delhi Police itself.
The court directed that Kumar shall not be restored to the position of PA to the CM or any other official assignment, and that he shall not enter the CM’s residence.
Singhvi objected to the condition that he should not visit the CM’s residence and pointed out that Kumar was a long-term associate of Kejriwal.
The court said the condition was not something in perpetuity, and directed that the trial court examine the private vulnerable witnesses first, preferably within three months.
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