High Court notice to police on Bibhav bail plea status

New Delhi, June 14

The Delhi High Court on Friday issued a notice to the police regarding the bail application of Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal.

Kumar was arrested for allegedly assaulting AAP Rajya Sabha MP Swati Maliwal. The vacation Bench of Justice Amit Sharma has requested a status report from the Delhi Police and scheduled the next hearing for July 1.

In his bail plea before the HC, Kumar argued that the trial court failed to recognise that his further custody was unnecessary since the investigating officer had already gathered all evidence and recorded witness statements. The plea stated, “While passing the bail rejection order, the additional sessions judge failed to consider the fact that all the evidence in relation to the aforesaid FIR has been collected by the IO and has also recorded the statements of the witnesses therefore, the custody of the petitioner is not required, and no useful purpose shall be served by keeping the petitioner in the judicial custody.”

Kumar, who is currently in judicial custody, was denied bail by a Delhi court on June 7 which cited the “grave and serious” nature of the charges and the possibility that he could influence witnesses.

Prior to this, a sessions court dismissed his bail on May 27, noting that Maliwal appeared to have no “pre-meditation” in lodging the FIR and her allegations could not be “swiped away”.

Kumar was arrested on May 18 after Maliwal accused him in an FIR of physically assaulting her at the Chief Minister’s residence on May 13. The FIR claimed that Kumar repeatedly slapped her and kicked her in the stomach and pelvic area.

Consequently, the police registered an FIR against Kumar under Sections 354 (assault of criminal force to woman with intent to outrage her modesty), 506 (criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman) and 323 (voluntarily causing hurt) of the Indian Penal Code.