Swati Maliwal Assault Case: Delhi High Court Issues Notice On Accused Bibhav Kumar's Bail Plea

The Delhi High Court on Friday sought Delhi Police's response on the bail plea filed by Chief Minister Arvind Kejriwal's close aide Bhibhav Kumar in the alleged Swati Maliwal assault case.

A vacation bench comprising of Justice Amit Sharma issued notice on Kumar's bail plea and asked the Delhi Police to show the status of investigation in the status report. 

Senior Advocate N Hariharan appeared for Kumar. Senior Advocate Sanjay Jain appeared for Delhi Police.

Kumar was denied bail by the trial court on May 27. His second regular bail plea was rejected by the sessions court on June 07.

The bail plea has been filed through Advocates Karan Sharma and Rajat Bharadwaj.

It is Kumar's case that it is a classic case of abuse of criminal machinery and subterfuge investigation as he as well as Maliwal have both lodged complaints against each other but it is only the matter which is being investigated.

This, as per Kumar, is because Maliwal is an influential person being the Member of Parliament. He has contended that no investigation is being done on the part of his complaint regarding breach by Maliwal.

“…While passing the Bail Rejection Order the Ld. ASJ failed to consider the fact that all the evidences in relation to the aforesaid F.I.R. has been collected by the I.O. 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,” the plea submits.

It further adds that Kumar was threatened of dire consequences to the extent of implicating in false and frivolous cases and that Maliwal's FIR is an “emanation of the nefarious design of the complainant.”

Recently, Kumar moved a plea challenging his arrest in the case. Justice Swarana Kanta Sharma has reserved order in his plea.

The FIR was registered on the written complaint of Aam Aadmi Party's Rajya Sabha MP Swati Maliwal. Kumar was arrested on May 18. The Delhi Police alleged that Kumar has always been non-co-operative during investigation and gave evasive answers to the questions.

It was also alleged that he deliberately did not disclose the password of his mobile phone, which is an important piece of information in the probe to unearth the truth.

Maliwal alleged that Kumar assaulted her when she went to meet Kejriwal at his residence on May 13.

Title: SH. BIBHAV KUMAR v. STATE OF NCT OF DELHI