Supreme Court bail conditions for Arvind Kejriwal’s counsel

Bibhav Kumar, an aide of Arvind Kejriwal, will not be allowed to enter the Delhi Chief Minister's residence until all witnesses are examined in the Swati Maliwal assault case, the Supreme Court said while granting him bail on Monday.

A Rajya Sabha member, Ms Maliwal, 39, has alleged that Bibhav Kumar attacked her at the Chief Minister's residence on May 13.

The bench, comprising Justice Surya Kant and Ujjal Bhuyan, has also imposed certain conditions on Mr Kumar, which states that he cannot resume his post as Private Secretary to the Chief Minister of Delhi or any other political post related to the Chief Minister's Office.

The top court further said that 43-year-old Kumar should not be allowed to enter the Chief Minister's residence until all witnesses have been examined.

Mr Kumar, who has been an associate of Arvind Kejriwal since the India Against Corruption campaign, will not comment publicly on the case, which is still before the court, the Supreme Court said.

The court also took into account that Mr. Kumar has already been in custody for 100 days and charges have already been filed in the case.

It was also taken into account that the prosecution had proposed more than 51 witnesses for questioning and that the completion of the trial would take some time.

“The complainant is in custody for 100 days. Chargesheet filed. The violations are simple. It is about bail, you should not oppose it. You cannot keep a person in jail in such a case,” the top court told SV Raju, counsel for the Delhi Police, who had opposed granting bail to Mr Kumar.

Mr. Kumar had approached the Delhi High Court challenging the decision denying him bail.

On July 12, the Supreme Court had rejected Mr Kumar's bail application on the grounds that he enjoyed “considerable influence” and there was no reason to grant him release.

The Supreme Court had said that if Mr Kumar was released on bail, there could be no ruling out the possibility of witness tampering or evidence tampering.

On May 16, an FIR was filed against Mr. Kumar under various provisions of the Indian Penal Code, including criminal intimidation, assault or use of criminal force on a woman with intent to disrobe her and attempt to commit wilful killing.