Swati Maliwal assault case: Bibhav Kumar moves Delhi HC for regular bail

New Delhi [India], June 12 : Bibhav Kumar, former aide of Delhi Chief Minister Arvind Kejriwal, moved the Delhi High Court on Wednesday seeking regular bail in the Swati Maliwal alleged assault case. The matter is likely to be listed on Friday.
Recently, Delhi's Tis Hazari Court dismissed the regular bail plea of Bibhav Kumar. The court dismissed the bail application in view of threats received by the victim, Swati Maliwal and apprehension of influencing the witnesses by the accused.
While dismissing the bail application, the court observed, "In view of the fact that investigation is at an initial stage and there is a fear in the mind of the victim regarding her security as well as the security of her family members.... There is also apprehension that the accused Bibhav Kumar would influence the witnesses, if at liberty."
"So I do not find any merit in the bail application of accused Bibhav Kumar. Hence, the present regular bail application of accused Bibhav Kumar is hereby dismissed," Special judge Ekta Gauba Mann ordered on June 7.
The victim has alleged that her family and extended family members are getting continuous threats. She also stated that she is scared as there is a risk to her life as well as the lives of her family members if the accused is granted. She strongly opposed the bail application.
It is the second bail plea which has been dismissed by the court. His first regular bail plea was dismissed on May 27.
While seeking bail, defence counsel argued that accused is a PA to the CM since 2010, at a time when Kejirwal was not appointed as the CM. He is only a PA to the CM and gives appointment as per the direction of the CM. He also relied upon the Complaint filed by the assistant section officer of camp office at the CM's residence to his department regarding the time of arrival of the victim and accused on May 13.
The victim opposed the bail application and stated that the accused is a very influential person and after she made a complaint against him, all the leaders of her political party and cabinet ministers are busy in victim-shaming or engaged in character assassination and she has been ostracised by her entire political party as she has made a complaint against the accused.
She also stated that accused Bibhav Kumar is an influential person and under the protection of leaders of his political party.
She also stated that a fake video was made by the accused after the incident has already occurred. She also stated that the alleged doctored and edited video that was leaked by the accused is of no use since the video does not pertain to the time of the incident, but after the incident had already occurred and she had made a call to the police.
Additional Public Prosecutor (APP) Atul Srivastava opposed the application and submitted that the investigation is going on and the accused is an influential person. There is a case pending against him in Noida. He should not be granted bail.
It was also submitted that as per the Investigating Officer there is no proper register maintained for appointments to meet the CM at his residence.