Swati Maliwal Assault Case: In a significant relief for Arvind Kejriwal's PA Bibhav Kumar, the Supreme Court has granted him bail in the assault case involving Rajya Sabha MP Swati Maliwal.
After 100 days in custody, Bibhav Kumar's path to release has been cleared. He was arrested on May 18 in connection with the assault case.
The bench of Justices Surya Kant and Ujjal Bhuyan granted the bail despite strong objections from the Delhi Police.
The Supreme Court granted bail to Bibhav Kumar on the grounds that the investigation in the case is complete and the charge sheet has already been filed.
With over 51 witnesses yet to testify, the trial is expected to take time. Kumar has been in custody for over 100 days and cannot obstruct an investigation that is already concluded.
The police had expressed concerns about potential witness tampering. However, if witnesses are influenced, the bail could be revoked.
The Court also stated that it is not inclined to address whether the offense is prima facie established, as that falls within the trial court's jurisdiction.
The Supreme Court stated that interim protection with conditions can be granted to prevent tampering with witnesses or evidence until the trial is completed.
SV Raju requested that the court impose restrictions on Bibhav Kumar from visiting Swati Maliwal's residence or the crime scene.
The court agreed to these conditions: Bibhav Kumar is not to visit the Chief Minister's residence or office, and he must not make any statements about the case.
The court also stipulated that Kumar would not be appointed to any government position. Additionally, the Aam Aadmi Party has been directed not to make any comments on the merits of the case.
On May 13, Swati Maliwal visited Delhi Chief Minister Arvind Kejriwal's residence around 9 a.m. Swati Maliwal alleged that Bibhav Kumar slapped her 7-8 times with force, causing her head to hit the centre table.
When she fell to the ground, he kicked her, resulting in her shirt buttons being undone. A case was registered on May 16 following Swati Maliwal's statement. Bibhav Kumar was arrested from Kejriwal's residence on May 18.
