Swati Maliwal case: Supreme Court grants bail to Bibhav Kumar

The Supreme Court on Monday, 2 September, granted bail to Delhi chief minister Arvind Kejriwal’s aide Bibhav Kumar in the Swati Maliwal assault case.

A bench presided over by justice Surya noted that Bibhav Kumar has been in jail for around 100 days and if released on bail, no prejudice will be caused to the investigation of the case, since the Delhi Police had already filed its charge sheet before the trial court post completion of the probe.

Imposing a slew of conditions, the apex court ordered that Kumar will not be restored to his position of personal secretary to the Delhi CM or given any official assignment in the chief minister’s office.

“The petitioner (Bibhav Kumar) shall not enter the chief minister’s residence till all the private vulnerable witnesses are examined,” it added.

Apart from the conditions to be set by the trial court, Bibhav Kumar or his associates will not make any public comments regarding the case, as per the SC’s order.

In the previous hearing, the top court granted two-weeks to the investigative agency to file its reply to Kumar’s bail plea.

It acceded to adjourn the proceedings after additional solicitor general (ASG) S.V. Raju sought more time to file a reply on behalf of the Delhi Police.

Senior advocate Abhishek Manu Singhvi, representing Bibhav Kumar, opposed the probe agency’s request saying that the charge sheet has already been filed before the trial court and disposal of bail plea should not be prolonged.

Before this, the Delhi High Court rejected Bibhav Kumar’s bail plea saying that at this stage, the possibility of tampering with evidence or influencing witnesses cannot be ruled out by the accused.

Bibhav Kumar was arrested on 18 May in connection with the 'assault' on Maliwal on 13 May and produced late at night before a local court which sent him to five days’ police custody.

Delhi Police registered a case against Bibhav Kumar after he allegedly assaulted Maliwal at the chief minister's residence.

The FIR at the Civil Lines Police Station includes charges under Sections 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354(B) (assault or use of criminal force to woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code.

Earlier in the day, the Supreme Court allowed a plea filed by former AAP communications in-charge Vijay Nair, seeking bail, in the money laundering case linked to the Delhi excise policy case.