Bibhav Kumar, an aide of Arvind Kejriwal, cannot enter the Delhi Chief Minister’s residence till all witnesses are examined in the Swati Maliwal assault case, said the Supreme Court granting him bail on Monday.
A Rajya Sabha member, Ms Maliwal,39, has alleged that Bibhav Kumar assaulted her at the Chief Minister’s residence on May 13.
The bench of Justices Surya Kant and Ujjal Bhuyan also imposed certain conditions on Mr Kumar, saying he shall not be restored as Personal Secretary of Delhi Chief Minister or any political office associated with the Chief Minister’s office.
The top court further said that 43-year-old Kumar shall not enter the Chief Minister’s residence till all witnesses are examined.
Mr Kumar, Arvind Kejriwal’s aide since the India Against Corruption days, shall not make any public comment on the case which is sub judice before trial court, said the top court.
The court also took into account that Mr Kumar has been in custody for 100 days and chargesheet has already been filed in the case.
It also considered that there are more than 51 witnesses proposed by the prosecution for examination and the conclusion of the trial will take some time.
“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,” said the top court to SV Raju, the lawyer representing Delhi police, who was opposing the grant of bail to Mr Kumar.
Mr Kumar had approached the top court challenging the Delhi High Court’s order denying him bail.
On July 12, High Court had dismissed Mr Kumar’s bail plea, saying he enjoys “considerable influence” and no ground to grant him the relief was made out.
The High Court had said that it cannot be ruled out that witnesses may be influenced or evidence tampered with in case Mr Kumar is released on bail.
On May 16, an FIR was registered against Mr Kumar 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.
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