NEW DELHI: The Delhi High Court on Friday refused bail to Bibhav Kumar, the former personal secretary to Chief Minister Arvind Kejriwal, in connection with the alleged assault on AAP Rajya Sabha Member of Parliament Swati Maliwal.
Justice Anoop Kumar Mendiratta highlighted Kumar’s influential position and the potential to influence witnesses as reasons for denying bail. The court said the fact that the mobile phone seized by the Police from the petitioner (Kumar) was also formatted before seizure also reflects that there is an effort to conceal some vital evidence
“No doubt, the petitioner happens to be only designated as a PS [personal secretary], but the facts and circumstances reflect that he yields considerable influence and it cannot be ruled out that witnesses may be influenced or evidence may be tampered with, in case the petitioner is released on bail, at this stage.
Keeping in view the nature and gravity of accusation and apprehension of the witnesses being influenced, no grounds are made out for releasing the petitioner on bail, at this stage. Application is accordingly dismissed. Pending applications, if any, also stand disposed of,” read the court order.
Kumar, who has been in custody for over 25 days, had filed a bail plea arguing that he has already endured substantial incarceration. He also contested the veracity of Maliwal’s allegations, labelling them as “false and part of a calculated strategy to implicate him.”“The trial court’s rejection of bail twice and the nature of allegations made by the complainant against me are clear indicators of the lack of substance in these charges,” Kmar asserted in his plea.
Maliwal has alleged that Kumar slapped, kicked and dragged her and threatened her when she visited Kejirwal’s residence on May 13, according to the FIR. On the other hand, Bibhav, in his complaint, alleged that the ex-DCW chief “forcefully and illegally” trespassed into the CM’s House and created a “ruckus” and “falsely implicated” him in the assault case.