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The Supreme Court on Monday granted bail to Bibhav Kumar, an aide of Delhi Chief Minister Arvind Kejriwal, who was arrested in connection with the alleged assault on Member of Parliament (MP) Swati Maliwal, till the conclusion of trial in the case.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan allowed the bail petition of Kumar on the grounds that the accused had already spent more than 100 days in custody, and that the trial was likely to take some time as more than 51 witnesses were to be examined.
The Apex Court told Delhi Police that it could not keep a person in jail for over 100 days when the injuries were simple.
Additional Solicitor General SV Raju opposed granting of bail at this stage, saying that more witnesses should be examined first before the trial court.
The Bench, however, said that it would put in place remedial measures to ensure that the witnesses were not influenced.
It observed till the conclusion of trial, an interim protection could be granted along with conditions to prevent influencing of witnesses or evidence. Exercise of beneficiary jurisdiction of this court would amount to misuse of concession of bail and necessary conditions would be inevitable.
The Apex Court directed that the petitioner should not be restored as Personal Secretary of the Delhi Chief Minister or any political office associated with the Chief Minister’s Office.
Kumar was told not to enter the Chief Minister’s residence till all witnesses were examined.
The Apex Court directed the trial court to finish the examination of the vulnerable witnesses within three months.
It said the political party, for which Kumar worked, shall not make any comment till the matter was disposed of by the trial court.
The Bench further directed ASG Raju not to refer to accused undertrials as criminals.
Kumar was represented by Senior Counsel Dr. Abhishek Manu Singhvi and Advocate Mukta Gupta.
An FIR was registered against Kumar on the written complaint of Maliwal, who alleged that Kumar assaulted her when she went to meet Kejriwal at his residence on May 13. Following the complaint, Kumar was arrested on May 18.
As per Delhi Police, he was non-co-operative during investigation and gave evasive answers to its questions. It was also alleged that Kumar deliberately did not disclose the password of his mobile phone, which was an important piece of information in the probe to unearth the truth.
Kumar moved the trial court for bail, which dismissed his application on May 27. His second regular bail plea was rejected by the Sessions Court on June 7.
Kumar then approached the Delhi High Court. A Bench presided by Justice Anoop Kumar Mendiratta rejected his bail plea in July, observing that though he happened to be only designated as a personal secretary to the Chief Minister, he yielded considerable influence.
Kumar then moved the Supreme Court, contending that this was a classic case of abuse of criminal machinery and subterfuge investigation, as he and Maliwal both had lodged complaints against each other, but only Maliwal’s case was being investigated because she was an influential person (being Member of Parliament).
He further alleged that he was threatened with dire consequences to the extent of implication in false and frivolous cases. Maliwal’s FIR emanated from a nefarious design, he claimed.
The Apex Court issued a notice on his petition on August 1.
Kumar has been in jail since May 18 this year. The incident against MP Maliwal allegedly occurred on May 13 at Kejriwal’s official residence.
Maliwal, who was associated with Aam Aadmi Party (AAP), had reportedly come to meet Kejriwal while he was out on interim bail in the Delhi Excise Policy case.
As per the criminal complaint, Kumar hit Maliwal in her chest, stomach and pelvic area. Maliwal also claimed that she was threatened with dire consequences if she filed a complaint.
AAP denied the allegations and later removed Maliwal from the party’s ‘star campaigners’ list in the run-up to the Lok Sabha elections.
Some videos that surfaced on social media reportedly showed Maliwal having an argument with security personnel and walking out of the CM residence.
A trial court had earlier rejected Kumar’s bail plea twice – first on May 27 and then on June 7.
The Delhi High Court also denied him bail on July 12, opining that though Kumar happened to be only the PS to the CM, he would still wield considerable power and may influence witnesses.
Earlier in July, the Bench had issued notice on Kumar’s bail plea.