Maliwal case: Kejriwal staff released on bail after 100 days

The Supreme Court on Monday granted bail to Delhi Chief Minister Arvind Kejriwal's adviser Bibhav Kumar in the Swati Maliwal case, pointing out that he has been in custody for over 100 days.

IMAGE: Bibhav Kumar will be tried before the Tis Hazari court on May 31, 2024. Photo: Jitender Gupta/ANI Photo

A bench of judges Surya Kant and Ujjal Bhuyan also took into account that the prosecution had proposed examining more than 51 witnesses and said that it would take some time for the trial to be completed.

It was also pointed out that Kumar's release would not harm the investigation as the chargesheet in the case had already been filed.

“The complainant, who is the private secretary to the Chief Minister of Delhi, is alleged to have assaulted the complainant-victim, a member of the Rajya Sabha… The investigation in this case has been completed. The chargesheet has been filed. We are not inclined to go into the point of prima facie evidence of offence. That is the exclusive jurisdiction of the trial court.”

“While we understand the concern to protect witnesses from influence in order to ensure a fair and free trial, we are convinced that the desired protection can also be ensured by other measures. Without expressing an opinion on the facts of the case, we consider it appropriate to grant the plaintiff bail,” the court said.

Deputy Attorney General SV Raju, representing the Delhi Police, opposed the grant of bail at the time.

“There are some important witnesses who are under his influence. Get them questioned first,” Raju added, claiming that the video footage of the incident was doctored.

Senior advocate Abhishek Singhvi, representing Kumar, said the injuries were simple and invoking the offence under Section 308 of the Indian Penal Code (attempt to cause wilful killing not amounting to murder) was not justified.

To allay concerns that Kumar might influence the witnesses, the court has imposed a series of conditions on him, including that he will not be reinstated as Kejriwal's personal assistant and will not be given any official assignment in the Chief Minister's office.

The Supreme Court also barred Kumar from entering the Prime Minister's residence until all witnesses had been examined.

The complainant is not allowed to make any public comments on the case, it said.

“The bail is subject to further conditions to be determined by the court,” the Supreme Court said.

Kumar allegedly attacked Maliwal at Kejriwal's official residence on May 13. He was arrested by Delhi Police on May 18.

Police described the alleged attack as “brutal” and urged the Supreme Court to reject Kumar's bail application.

On May 16, an FIR was filed against 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.

Kumar challenged the Delhi High Court's July 12 decision denying him bail.

The Supreme Court had denied him bail but said that the accused enjoyed “considerable influence” and there was no reason to grant him bail. It could not be ruled out that witnesses would be influenced or evidence tampered with if the complainant was released on bail, it said.