Swati Maliwal assault case: Delhi court rejects Bibhav Kumar’s bail application

Swati Maliwal assault case: The advocation appearing on behalf of the AAP's Rajya Sabha MP argued that all the people at the place of occurrence were reporting to Bibhav Kumar. “It shows that he is influential. He can tamper with the evidence,” the councel said.

Livemint
Updated27 May 2024
Swati Maliwal assault case: Delhi Police personnel and Bibhav Kumar leave Arvind Kejriwal's house in New Delhi on Monday.
Swati Maliwal assault case: Delhi Police personnel and Bibhav Kumar leave Arvind Kejriwal’s house in New Delhi on Monday.(HT_PRINT)

Delhi's Tis Hazari court rejected Bibhav Kumar's bail application in connection with an assault case filed by AAP MP Swati Maliwal on Monday. Kumar is Delhi Chief Minister Arvind Kejriwal's former aide and is accused of “misbehaving” with Maliwal when she had visited Kejriwal's residence on May 13.

The Aam Aadmi Party (AAP) said Bibhav Kumar will move the Delhi High Court against city court's decision to reject his bail plea. Earlier in the day, the Delhi court had reserved an order after hearing lengthy arguments on the bail plea of Bibhav Kumar.

Swati Maliwal, who was presented during the hearing, opposed the bail plea saying she was receiving threats. She broke down in tears during the hearing,, news agency PTI reported. Delhi police also opposed the bail application, saying that it was not filed in an appropriate court.

However, senior advocate N Hariharan reportedly submitted that Kumar's bail application is maintainable. "This is the right court that has jurisdiction to hear the bail application. In this FIR section 308 IPC has been invoked which is triable by the sessions court," he was quoted by PTI as saying.

Menwhile, Advocate Hariharan argued that the complainant went to CM's residence and called PA Bibhav Kumar. He alleged that PA Bibhav Kumar was not present at the CM's house, after which she headed towards the CM's residence without any permission or prior appointment.

"Can anyone enter in this manner, this is the official residence of CM. There was a trespass and a report was also filed...She had no appointment for a meeting, and there was no message of her arrival," Hariharan, who appeared on behalf of the accused, argued.

The counsel added, "What she is stating in the FIR, that is not true." The accused's counsel added the there was no grievous injury on the vital part, "so where is the question of Culpable homicide not amounting to murder". 

He said, "...The allegations do not make out a case of intention to disrobe her". The advocate argued, "This entire FIR is the result of afterthought. I am seeking bail only, not the acquittal."

What Swati Maliwal argued?

At this point, Swati Maliwal broke down in tears when the defence counsel was arguing, PTI reported. Additional Public Prosecutor(APP) Atul Srivastava opposed the bail application and submitted that intention is not required to make out a case of Culpable homicide not amounting to murder, knowledge is sufficient.

"The accused had beaten a lady, alone dragged her and her head hit the centre table, will this not cause death," the Additional Public Prosecutor(APP) argued. "If I slap a lady in an open place, it is outraging the modesty of a woman," the APP added.

He added that the accused was terminated from his post. "The accused did not tell the complainant that I was not in service and couldn't arrange the meeting with the CM. It shows the intention on the part of the accused," APP submitted.

"She was allowed to sit in the waiting room. It was implied permission, where is the question of trespass," APP submitted. "When Bibhav Kumar reached there, he asked who allowed her to go inside," he added.

"All the people at the place of occurrence were reporting to Bibhav Kumar. It shows that he is influential. He can tamper with the evidence," APP argued. Maliwal also said that the accused is not an ordinary man, “he getting the facilities used by the ministers.”

Bibhav Kumar is in judicial custody after a police investigation.

(With inputs from PTI)

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