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The Supreme Court of India has granted bail to Bibhav Kumar, a former aide to Delhi Chief Minister Arvind Kejriwal, in connection with the assault case involving Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal. Kumar has been in custody for over 100 days, and a chargesheet has already been filed in the case.
The court also noted that the prosecution intends to examine over 51 witnesses and acknowledged that the trial will take time to conclude.
The bench observed that since the chargesheet has already been filed, Kumar’s release would not prejudice the investigation. It stated, "Allegations are that the petitioner, who is personal secretary to Delhi Chief Minister, assaulted the complainant-victim who is a Rajya Sabha MP. Investigation in the case is complete, and the chargesheet has been filed. We are not inclined to determine at this stage whether a prima facie offense is made out, as this is the exclusive domain of the trial court."
The court further noted that while it is important to ensure witnesses remain free from influence for a fair trial, adequate protection can be provided through other measures. Without expressing an opinion on the merits of the case, the bench deemed it appropriate to grant bail to Kumar.
Additional Solicitor General S.V. Raju, representing the Delhi police, opposed the bail grant, arguing that key witnesses are still under Kumar’s influence and that CCTV footage of the incident may have been tampered with.
Senior advocate Abhishek Singhvi, who represented Kumar, said the injuries 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.
"The Supreme Court observed that Bibhav Kumar has suffered a lot in these 108 days. It’s a matter of Section 308 of the Indian Penal Code and therefore, they have reiterated the principle that bail is the rule and jail is the exception. Especially in cases where the investigation is over and the chargesheet is filed. On those principles, without commenting on the merits, the Supreme Court has granted bail and imposed certain conditions," Singhvi added.
To address concerns about Bibhav Kumar potentially influencing witnesses, the court imposed several conditions on his bail. Kumar will not be reinstated as a personal assistant to Chief Minister Kejriwal or given any official duties in the Chief Minister's office. Additionally, he is barred from entering the Chief Minister's residence until all witnesses have been examined. The court also specified that Kumar must refrain from making any public comments regarding the case.
"The bail is subject to other conditions that may be imposed by the trial court," the Supreme Court stated.
AAP on Monday thanked the Supreme Court for granting bail to Kumar, PTI reported that, during a press conference, AAP chief national spokesperson Priyanka Kakkar was asked about the decision.
"Heartfelt thanks to Supreme Court for grating bail to Bibhav Kumar. This matter is sub-judice and it won't be appropriate to comment on it further," she said.
Kumar is accused of assaulting Maliwal, on May 13 at Chief Minister Arvind Kejriwal's official residence. An FIR was lodged against him on May 16 under several sections of the Indian Penal Code, including charges of criminal intimidation, assault or using criminal force with the intent to disrobe a woman, and attempt to commit culpable homicide. Kumar was arrested on May 18.
The High Court had previously denied him bail, citing his "considerable influence" and the risk that witnesses might be influenced or evidence tampered with if he were released.
(With inputs from PTI)