The Supreme Court on Monday granted bail to Delhi Chief Minister Arvind Kejriwal’s personal assistant Bibhav Kumar who is accused of assaulting Aam Aadmi Party’s Rajya Sabha MP Swati Maliwal.
A bench of Justices Surya Kant and Ujjal Bhuyan observed that Kumar was in custody for 100 days and a chargesheet has already been filed in the case.
"Petitioner is in custody for 100 days. Chargesheet filed. Injuries are simple. It's a case for bail, you should not oppose. You can't keep a person in jail in such case," the apex court told the counsel of Delhi Police.
The bench further said the trial court should make an effort to complete the examination of important and vulnerable witnesses first within three months.
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It also directed that Kumar should not be reinstated as a personal assistant to Kejriwal or given any official assignment in the chief minister's office. The accused should not enter the chief minister’s residence till all the witnesses are examined.
Maliwal alleged that she was assaulted by Kumar on May 13 at the residence of Kejriwal where she had gone to meet the chief minister.
Based on her complaint, police filed an FIR against Kumar on May 16 under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide. Kumar was arrested on May 18.
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The Delhi High Court had earlier denied bail to Kumar, saying enjoys "considerable influence" and no ground has been made out to grant him the relief. Following this, Kumar moved the top court.
During the hearing at SC, Abhishek Manu Singhvi, appearing for Kumar, submitted that the injuries to Maliwal are simple and the invocation of the offence under Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder) was not justified.
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