Delhi’s Tis Hazari Court has rejected the bail plea of Chief Minister Arvind Kejriwal’s close aide, Bibhav Kumar, stating there appeared to be no “pre-meditation” by AAP MP Swati Maliwal in lodging the FIR and that her allegations could not be “swiped away.”
Court’s Considerations
The court emphasized that since injuries were apparent four days after the alleged incident in the medico-legal case (MLC), the delay in lodging the FIR did not significantly impact the case.
Additional Sessions Judge Sushil Anuj Tyagi was hearing the bail plea of Kumar, who is accused of assaulting Rajya Sabha MP Maliwal at the CM’s house on May 13.
“The allegations raised by the victim have to be taken at face value and cannot be swiped away. The mere delay in registering the FIR would not have much impact on the case as the injuries are apparent in the MLC after four days,” the court said.
“There seems to be no pre-meditation on the part of the victim, as if it had been so, the FIR would have been registered on the same day,” it added.
FIR Details
The FIR was filed on May 16 under several Indian Penal Code (IPC) provisions, including criminal intimidation, assault, or criminal force on a woman with the intent to disrobe and attempt culpable homicide.
The court said the investigation was still in its early stages, and the possibility of influencing witnesses or tampering with evidence could not be ruled out.
“Keeping in view the allegations made against the applicant (Kumar) at this stage, no ground for bail is made out,” it stated, while dismissing the bail plea.
Noting Maliwal’s allegations of being “abused and brutally assaulted on her vital parts including chest, abdomen, and pelvis area” by Kumar, the court stated that the MLC and her statement before the magistrate corroborated her version of the complaint.
As per the investigating officer (IO), Kumar, who was not cooperating with the investigation, was arrested to prevent tampering with “critical evidence.”
The victim is a sitting Member of Parliament from the Aam Aadmi Party, and according to her allegations, the applicant brutally abused her and violated her modesty at the Chief Minister’s residence,” the court said.
Kumar was present at the CM’s residence despite his dismissal as personal secretary, it added.
“The investigating agency also reported that the applicant formatted his mobile phone and did not provide the password to unlock it. The CCTV footage obtained from the Hon’ble Chief Minister’s camp office is said to be blank at the relevant time and period,” the court stated.
Custody Timeline
On May 18, Bibhav Kumar was arrested and sent to five days police custody the same day by a magisterial court, which observed that his anticipatory bail plea had become infructuous because of his arrest.
On 24th May, he was sent to four days judicial custody.
