Swati Maliwal assault case: Court refuses to grant regular bail to Bibhav Kumar
Jun 07, 2024
New Delhi [India], June 7 : Delhi's Tis Hazari Court dismissed the regular bail plea of Bibhav Kumar, former aide to Delhi Chief Minister Arvind Kejriwal, in the Swati Maliwal assault case on Saturday.
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.
Swati Maliwal was also present during the hearing and placed on record a copy of screenshots evidencing threats received by her. She also narrated the incident which occurred on May 13.
Special judge (NDPS) Ekta Gauba Mann dismissed the regular bail plea of Bibhav Kumar. He is in judicial custody after police interrogation.
"In view of the fact that Investigation is at initial stage and there is a fear in the mind of the victim regarding her security as well as 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 being given continued threats. She also stated that she is scared as there is a risk to her life as well as the life 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, the defence counsel argued that the accused has been a PA to the CM since 2010, even CM was not CM at the time. He is only a PA to CM who gives appointments as per the direction of CM. He also relied upon the complaint filed by the assistant section officer of camp office at CM residence to his department regarding the time of arrival of victim and accused on May 13, 2024.
Victim opposed the bail application and stated that accused is a very influential person and after she has made a complaint against him, all the leaders of her political party and cabinet ministers are busy in victim shaming/ doing character assassination of her and she has been ostracized by her entire political party as she has made a complaint against the accused.
She also stated that accused Bibhav Kumar is such 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 had already occurred. She also stated that the alleged doctored and edited video that was leaked by the accused is of no use as the video was not at the time of the incident but after the incident already had occurred and she had made a call to the police.
Additional Public Prosecutor (APP) Atul Srivastava opposed the application and submitted that an 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 IO there is no proper register maintained for appointment for meeting CM at his residence.
