Bibhav Kumar gets bail in Swati Maliwal assault case

Bibhav Kumar

The Supreme Court on Monday granted bail to  Bibhav Kumar a close associate of Delhi chief minister Arvind Kejriwal, in connection with the alleged assault on Rajya Sabha MP Swati Maliwal.

A bench of Justices Surya Kant and Ujjal Bhuyan was hearing Kumar's plea seeking bail and also challenging his arrest in the case. The Delhi Police had arrested Kumar from Kejriwal's residence on May 18 on the complaint filed by Rajya Sabha MP Swati Maliwal.

During the hearing, Justice Bhuyan noted that Bibhav Kumar has been in the judicial custody for 100 days and chargesheet has been filed.

In a first information report (FIR), Maliwal had alleged that Kumar slapped her 7-8 times without any provocation, pounced on her, kicked her chest and pelvis, and deliberately pulled up her shirt at Kejriwal's residence when she had gone to meet the Delhi chief minister on May 13.

The FIR filed against Kumar 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 (IPC).

To address the concerns of influencing the witnesses or tampering with the evidence, the bench said that appropriate conditions can be imposed. The following conditions were imposed by the court:

-The petitioner shall not be restored to the position of Personal Secretary of the Delhi Chief Minister or be given any other official assignment in the CM's office.

-The petitioner shall not enter the residence of the Delhi CM till the private vulnerable witnesses are examined.

- The prosecution should examine the private vulnerable witnesses first.

- The petitioner shall not make any public comment regarding the case.

- The bench said that the bail will be subject to other conditions to be imposed by the trial court.