HC notice to police on bail plea by CM aide

The Tis Hazari court has extended Bibhav Kumar’s judicial custody for a day, directing the Delhi police to produce him on June 15.

The Delhi high court on Friday sought a reply from the Delhi Police on a bail application filed by Delhi chief minister Arvind Kejriwal’s aide Bibhav Kumar in the alleged assault case of Rajya Sabha MP Swati Maliwal.

Bibhav Kumar is in judicial custody in connection with the alleged assault case on Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal. (ANI photo)

The petition came up for hearing before the vacation bench of justice Amit Sharma, who listed the matter for hearing on July 1.

Meanwhile, the Tis Hazari court extended Kumar’s judicial custody for a day, directing the Delhi police to produce him on June 15.

Kumar had moved the petition before the high court on June 11 claiming that the case against him was one of abuse of criminal machinery. “Present is a classic case of abuse of criminal machinery and subterfuge investigation as the petitioner (accused) and complainant have both lodged complaints against each other... it is only the case of the complainant that is being investigated as the complainant is an influential person being the Member of Parliament, Rajya Sabha and no investigation is being done on the part of complaint given by the petitioner regarding a breach by the complainant,” the petition said.

Kumar alleged that the accusations against him are unbelievable and depict falsity.

“The entire incident as disclosed by the complainant, is a result of a well-thought strategy and after-thought, wherein a detailed written complaint has been submitted after due deliberations and with an intent to falsely implicate the petitioner herein”, the petition further stated.

Kumar highlighted in his petition that there is no scope for any tampering with the evidence of the present case as the entire evidence and the CCTV footage are with the police and there is no allegation that he has, directly or indirectly, attempted to influence any witness.

The case against Kumar was registered after Maliwal filed an FIR alleging that Kumar assaulted her at the CM’s residence on May 13. The FIR charged Kumar under sections 308 (attempt to commit culpable homicide), 354B (assault or use of criminal force to woman with intent to disrobe), 341 (punishment for wrongful restraint), 506 (punishment for criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC.

Kumar, in turn, filed a complaint alleging unauthorised entry and threats by Maliwal, hinting at possible political motives behind the accusations while stating that he is ready to join the probe.