Swati Maliwal 'assault' case: SC grants bail to Kejriwal's aide Bibhav Kumar

Tribune News Service

New Delhi, September 2

The Supreme Court on Monday granted bail to Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar in the Swati Maliwal ‘assault’ case, even as it said he can’t be reinstated as Personal Secretary to the Delhi Chief Minister or any political office associated with the Chief Minister's Office.

“Mr. ASG, the chargesheet has been filed. He has been under custody for over 100 days. And as per the medical report, the injuries are two bruises which are minor in nature… You cannot keep a person in jail for over 100 days when the injuries are simple. This is a case for bail. You should not be opposing it,” a Bench led by Justice Surya Kant told Additional Solicitor General SV Raju, who opposed his bail plea on behalf of the Delhi Police.

The Bench – which also included Justice Ujjal Bhuyan -- directed Kumar not to enter the Chief Minister's residence till all witnesses in the case were examined and restrained him and AAP members from making any comment on the case till it’s disposed of by the trial court.

Asking the prosecution to examine important and vulnerable private witnesses first, the top court directed the trial to try to finish the examination of the vulnerable witnesses in three months.

It said other conditions such as bail bonds and sureties shall be imposed by the trial court.

Kumar -- a close aide of Delhi Chief Minister Arvind Kejriwal – has been in judicial custody following his arrest on May 18 for allegedly assaulting Maliwal on May 13 at Kejriwal's official residence here.

Maliwal had lodged the FIR against Kumar on May 16 under various provisions of the Indian Penal Code, including those relating to criminal intimidation, assault or use of criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.

Kumar had challenged the July 12 order of the Delhi High Court denying him bail.

On behalf of Kumar, senior counsel AM Singvhi contended that as the injuries were simple, slapping Section 308 of IPC i.e. attempt to commit culpable homicide not amounting to murder was unjustified.

He said since witnesses were the officials of the Delhi Police there was no scope for intimidating them. However, Raju opposed Kumar’s bail plea, saying many crucial witnesses were yet to be examined.