Bail plea of Swati Maliwal assault case accused rejected by court
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New Delhi: Bibhav Kumar, an adviser to Chief Minister Arvind Kejriwal, was denied bail on Friday by a court in this city. He was accused of assaulting AAP Rajya Sabha MP Swati Maliwal, and the judge stated that he was facing "grave and serious" allegations and that there was a fear that he could influence witnesses.
Allegations have been made against Bibhav Kumar, who was kept in judicial custody for 14 days last Friday, for attacking Maliwal on May 13 at the Chief Minister's official residence.
He had moved the court for bail for a second time. His first bail plea was dismissed on May 27.
Special Judge Ekta Gauba Mann said, "...The investigation is at initial stage and there is fear in the mind of victim regarding her security as well as security of her family members as she is receiving continuous threats. There is also every apprehension that applicant or accused Bibhav Kumar would influence the witnesses, if at liberty." "So, I do not find any merit in the present bail application," the judge added while dismissing the plea.
The court said Bibhav Kumar allegedly misbehaved with a woman member of the Aam Aadmi Party at Kejriwal's official residence where the party members and general public can meet the chief minister.
"This creates fear and panic in the mind of general public to meet their leader. Thus, there are grave and serious allegations against applicant or accused Bibhav Kumar," it added.
Counsel for Bibhav Kumar said around 21 days had elapsed since Bibhav Kumar's arrest and his custodial interrogation was not required.
He said Bibhav Kumar was not an influential person as he was merely a personal secretary in the rank of a clerk, and his appointment was on "a co-terminus basis" or on the recommendation of Kejriwal.
Though his service was terminated one month before the alleged incident, Bibhav Kumar had remained a PS in a "personal capacity", the advocate said.
Maliwal has said after she lodged the complaint, she was ostracised by the entire Aam Aadmi Party and some party leaders were shaming or assassinating her character.
Bibhav Kumar was arrested on May 18. He was sent to police custody for five days the same day by a magisterial court, which observed that his anticipatory bail plea had become infructuous because of his arrest.
On May 24, he was sent to four days judicial custody, following which he was again remanded in police custody for three days.
An FIR was registered against Bibhav Kumar on May 16 under various Indian Penal Code provisions, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.
With PTI inputs