Swati Maliwal Assault Case: Delhi High Court Denies Bail To Accused Bibhav Kumar

The Delhi High Court on Friday denied bail to Chief Minister Arvind Kejriwal's close aide Bhibhav Kumar in the alleged Swati Maliwal assault case.

Justice Anoop Kumar Mendiratta rejected Kumar's bail plea, observing that though he happens to be only designated as a personal secretary to the Chief Minister but he yields considerable influence.

The court said that at this stage, it cannot be ruled out that witnesses may be influenced or evidence may be tampered with, in case Kumar is released on bail.

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

“Keeping in view the nature and gravity of accusation and apprehension of the witnesses being influenced, no grounds are made out for releasing the petitioner on bail, at this stage,” the court said.

Justice Mendiratta further observed that allegations of assault at the Chief Minister's Office cum Residence made by Maliwal, a sitting MP, against personal secretary to the Chief Minister, cannot be disbelieved merely on account of delay in registration of FIR.

The court said that the events unfolded after the incident, reflect that Maliwal was in a traumatized condition faced with the unprovoked brutal assault.

“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. As such, despite mustering the courage to visit the police station on the same day and informing the SHO, complainant returned without lodging the FIR,” the court said.

It added: “In the peculiar facts and circumstances, it may be preposterous at this stage to infer that petitioner has been falsely implicated and allegations have been concocted, since apparently the complainant had no motive to implicate the petitioner.”

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 was filed through Advocates Karan Sharma and Rajat Bharadwaj.

It was 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, was 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 submitted.

It further added 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.”

Previously, Kumar moved a plea challenging his arrest in the case. Justice Swarana Kanta Sharma issued notice in the plea earlier this month.

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

Citation: 2024 LiveLaw (Del) 774

Click here to read order