Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, was granted bail on Monday by the Supreme Court after spending 100 days in custody. Kumar, who was arrested on May 18 in connection with the alleged assault of Rajya Sabha MP and former Delhi Commission for Women chairperson Swati Maliwal, received the bail after the court considered that the chargesheet in the case had already been filed and that his continued detention was unwarranted.
A bench comprising Justices Surya Kant and Ujjal Bhuyan noted that the trial would likely take considerable time, with over 51 witnesses to be examined. The court also highlighted that the injuries sustained by Maliwal were simple and that the case warranted bail. The court advised the prosecution, represented by SV Raju, not to oppose the bail, emphasizing that it would be inappropriate to keep Kumar in jail under these circumstances.
The Supreme Court further directed that the trial court prioritize the examination of key and vulnerable witnesses within the next three months. Additionally, the court imposed restrictions on Kumar, a postgraduate from Delhi University, barring him from rejoining the Chief Minister’s Office or any official assignment until the trial concludes. Kumar was also prohibited from entering the Chief Minister’s residence until all witnesses had been examined.
The bail decision was met with appreciation from the Aam Aadmi Party (AAP), with the party’s chief national spokesperson Priyanka Kakkar expressing gratitude to the Supreme Court during a press conference. However, she refrained from commenting further on the sub-judice matter.
During the court proceedings, senior advocate Abhishek Manu Singhvi, representing Kumar, argued that the invocation of Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder) was unjustified given the nature of the injuries. Singhvi also noted that the witnesses were primarily Delhi police officials, minimizing the risk of witness intimidation or influence.
Previously, on July 12, the Delhi High Court had denied Kumar’s bail plea, citing his considerable influence and the absence of sufficient grounds for granting relief. However, the Supreme Court’s recent decision aligns with its earlier stance that bail should be the norm, not the exception, and that personal liberty, as guaranteed under Article 21 of the Constitution, should not be curtailed without compelling reasons.
Swati Maliwal had earlier criticized the AAP for allegedly trying to portray her as a “villain” and Kumar as a “hero” after she made the assault allegations. Maliwal, 39, accused the party of victim-shaming, stating that her character was maligned and that she was left to fight the battle alone.
Sources By Agencies
