HC denies bail to Bibhav in Swati Maliwal assault case

New Delhi: The Delhi High Court on Friday denied bail to Chief Minister Arvind Kejriwal’s aide Bibhav Kumar who is accused of assaulting AAP Rajya Sabha member Swati Maliwal.

Justice Anoop Kumar Mendiratta dismissed Kumar’s bail plea, saying he enjoys “considerable influence” and no ground was made out to grant him the relief. It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail, said the judge.

Keeping in view the nature of accusations and apprehension of the witnesses being influenced, no grounds are made out for releasing the petitioner on bail at this stage, the judge concluded. “Application is accordingly dismissed.” Kumar, presently in judicial custody, allegedly assaulted Maliwal on May 13 at Kejriwal’s official residence. An FIR was registered against Kumar 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 was arrested on May 18.

Kumar had sought bail, claiming the allegations were false and his custody was no longer required as the probe was over. In the eight-page order, the court stated that the allegations of assault at the chief minister’s (CM) residence made by a sitting member of Parliament cannot be disbelieved merely on account of delay in

registration of FIR as the subsequent events “reflect that complainant was in a traumatised condition faced with the unprovoked brutal assault”.

The court said it may be “preposterous” to infer that the accused has been falsely implicated “since apparently the complainant had no motive to implicate the petitioner.” “Complainant would not have herself made a call on 112 during the course of assault, in case no such incident had occurred. The utterances made by the petitioner (Kumar) during the course of assault, as reflected in FIR, reflect that there was a deeper conspiracy or motive to be achieved. Since the complainant herself is a dignified member of a political party, she had second thoughts to lodge the complaint, considering the powerful position of the petitioner,” the court stated.