Maliwal assault case: Delhi court rejects bail plea of Bibhav Kumar for second time
The court was hearing a second bail application filed by Kumar after his earlier application was dismissed on May 27
A Delhi court on Friday refused to grant bail to Bibhav Kumar, the aide of chief minister Arvind Kejriwal, for the second time in connection with the case registered against him for allegedly assaulting Rajya Sabha MP Swati Maliwal inside the CM’s official residence on May 13.
“I do not find any merit in the present bail application of the applicant/accused Bibhav Kumar. Hence, the present regular bail application of applicant/accused Bibhav Kumar is hereby dismissed”, said special judge Ekta Gauba Mann.
The court was hearing a second bail application filed by Kumar. His earlier bail application was also dismissed by the court on May 27.
The court observed that the allegations levelled against Kumar are serious in nature and raises fear in the mind of the public.
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“Considering the fact that applicant/accused Bibhav Kumar is alleged to have misbehaved with a lady member of the political party at the official residence of the Hon’ble CM where not only the elected members of their political party could meet the Hon’ble CM but even, the general public could go and meet the Hon’ble CM regarding their grievances. This creates fear and panic in the mind of general public to meet their leader. Thus, there are grave and serious allegations against... Kumar,” the court said.
The court also took into consideration the fact that the investigation is at a nascent stage and there is fear in the mind of victim regarding her security as well as security of her family members as she is receiving continuous threats, and that Kumar may influence the witnesses if released on bail.
Kumar had moved his second bail application on Thursday while stating that he has been in custody since May 18 and around 21 days have elapsed since then and his custodial interrogation is no more required.
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Appearing for Kumar, advocate Rajat Bharadwaj and Karan Sharma argued that Kumar is a personal assistant to Kejriwal and on the date of the incident, Maliwal arrived earlier at 8.40am and he reached at 9.20am after being called by the staff at the Camp office.
It was further contended that the allegations against Kumar are of voluntarily causing hurt and as per the medico-legal case, there is one injury. It was further argued that the witness in the case are government official witnesses and so, there could be no influence on these witnesses.
They also placed reliance on the report filed by the assistant section officer regarding the time of arrival of Maliwal and Kumar. It was further pointed out that Kumar has been employed by the CM only in the capacity of a personal secretary.
On the other hand, Maliwal who was physically present before the court, narrated the entire incident to the court pointing out that she had gone to meet the CM and was waiting in the drawing room where Kumar came and started hurling abuses and misbehaved with her.
She further submitted that Kumar slapped her seven to eight times and pulled her shirt, and despite her request that she was having menstrual cycle, Kumar hit her on her chest, stomach and pelvis area. She was also dragged by Kumar who banged her head against the table. She was screaming but no one came to help her, she added.
Maliwal stated that she sat on the sofa and called the police number, 112, from her mobile phone, following which Kumar threatened her. She further stated that Kumar went outside and called the security staff and made a fake video which was leaked.
She added that the power Kumar holds can be ascertained from the fact that all MLAs or cabinet ministers of Delhi or of Punjab, cannot directly meet the CM without seeking prior permission from Kumar and if any leader of that party directly met the CM then, Kumar used to back bite and report the matter to the CM.
She also submitted that Kumar is a very influential person and after she has made a complaint, all the leaders of her party and the cabinet ministers became busy in victim shaming and indulging in her character assassination. She also alleged that her family members and her extended family members are being given continuous threats.
Additional Public Prosecutor Atul Srivastava, appearing for the Delhi Police, argued that the investigation is still on and Kumar is a very influential person and has a case pending against him in Noida.
He further pointed out that there is no appointment register maintained for meeting the CM at his residence and the MLAs could only meet the CM by taking appointment from Kumar. But, for meeting the CM at his office i.e. Delhi Secretariat, there is a proper mechanism and proper record for taking the appointment.
The court after hearing the submissions and perusing the documents placed on record dismissed the bail application late in the evening.
The case registered against Kumar pertains to allegations made by Maliwal, who claimed that Kumar assaulted her at the CM’s residence on May 13. Based on Maliwal’s complaint, police filed an FIR on charges of attempted culpable homicide, assault with intent to disrobe, wrongful restraint, criminal intimidation and insulting the modesty of a woman.
Kumar, in turn, filed a complaint alleging unauthorised entry and threats by Maliwal, hinting at possible political motives behind the accusations. He was apprehended by the Delhi Police on May 18 and formally arrested amid the hearing of his anticipatory bail plea. He has been in judicial custody since May 31.