Swati Maliwal Assault Case: Kejriwals aide Bibhav Kumar moves Delhi High Court seeking bail

New Delhi: Bibhav Kumar, an aide to Chief Minister Arvind Kejriwal, has sought regular bail from the Delhi High Court in connection with the alleged assault on AAP Rajya Sabha MP Swati Maliwal. The bail plea, filed through Advocates Karan Sharma and Rajat Bharadwaj, is expected to be heard by a vacation bench of the high court on June 14.

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Kumar, who was placed in judicial custody for 14 days on May 31, is accused of assaulting Maliwal on May 13 at the chief ministers official residence.

Kumar contends that the case is a classic case of abuse of criminal machinery and subterfuge investigation, asserting that both he and Maliwal have lodged complaints against each other, but only his complaint is being investigated. He attributes this to Maliwals influence as a Member of Parliament and claims no investigation has been conducted regarding his complaint against Maliwal.

A trial court in Tis Hazari had denied him bail on June 7, citing the grave and serious charges against him and the concern that he might influence witnesses.

In his high court plea, Kumar has stated that the trial court overlooked the fact that his continued custody was unnecessary since all evidence had been gathered and witness statements recorded by the investigating officer.

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The plea submitted by Kumar states, 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. Kumar further alleges that he was threatened with dire consequences, including being implicated in false cases, and claims Maliwals FIR is an emanation of the nefarious design of the complainant.

Kumars initial bail plea was rejected on May 27 by another sessions court, which noted there appeared to be no pre-meditation by Maliwal in filing the FIR and that her allegations could not be swiped away.

Kumar was arrested on May 18 following an FIR registered against him on May 16 under various Indian Penal Code provisions, including those related to criminal intimidation, assault or criminal force on a woman with intent to disrobe, and attempt to commit culpable homicide.

Case title: SH. BIBHAV KUMAR v. STATE OF NCT OF DELHI