The Supreme Court on Wednesday (August 7) directed the Delhi Police to file their response by August 21 on the plea for bail by Bibhav Kumar in the case involving the alleged assault of AAP Rajya Sabha member Swati Maliwal.
Additional Solicitor General S. V. Raju, representing the Delhi Police, requested three weeks to file the reply. However, Senior Advocate Abhishek Singhvi, representing Kumar, opposed the three-week timeframe, noting that the charge sheet had already been filed.
The apex court subsequently instructed Raju to submit the response by August 21 and scheduled the next hearing for August 27.
The Supreme Court had previously criticized Kumar, questioning whether such an individual should be employed at the Chief Minister’s residence. The bench expressed shock at the details recorded by the Delhi High Court.
Bibhav Kumar is challenging the July 12 order of the Delhi High Court that denied him bail, asserting that the allegations against him are false and that his custody is no longer necessary as the investigation is complete. The bench had previously questioned Singhvi about the nature of Kumar’s employment and the severity of the injuries sustained, noting the FIR was filed three days after the incident on May 13.
The bench highlighted that the nature of the incident, rather than the severity of the injury, was of concern, describing Kumar’s actions as resembling those of a “goon” intruding into the official residence of the Chief Minister. The alleged assault on Maliwal occurred on May 13 at Kejriwal’s official residence, with an FIR registered on May 16 under various provisions of the Indian Penal Code, including criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempted culpable homicide. Kumar was arrested on May 18.
In denying bail, the High Court noted that the accused holds considerable influence, posing a risk of witness tampering or evidence destruction if released.
