The bail application of Bibhav Kumar, a former aide to Delhi Chief Minister Arvind Kejriwal, was dismissed by Tis Hazari court on Monday. Kumar stands accused in the assault case involving Rajya Sabha MP Swati Maliwal. Scheduled for a court appearance tomorrow, Kumar has completed four days of judicial custody. The dismissal came after Senior Advocate N Hariharan, representing Kumar, presented arguments countered by Additional Public Prosecutor Atul Srivastava and advocate Madhav Khurana, representing Maliwal.
Following extensive arguments, the court reserved its decision on Kumar’s bail plea. Maliwal, present at the hearing, opposed the bail, citing threats she had received and became emotional during the proceedings. Delhi Police initially opposed the bail, stating it was not filed in the appropriate court, a claim Hariharan contested, citing jurisdiction and the nature of the charges under Section 308 IPC.
Hariharan argued that Maliwal’s actions lacked permission or appointment and disputed the allegations outlined in the FIR, emphasizing the lack of contemporaneous complaint. He also questioned the severity of the injuries and the circumstances surrounding the incident. Despite assertions of self-inflicted injuries and lack of evidence, Srivastava opposed bail, emphasizing the seriousness of the charges and the impact on Maliwal’s reputation.
Khurana, representing Maliwal, highlighted her right to be heard and the delay in filing the FIR, stressing the significance of the injuries. He also referenced previous incidents involving Kumar and argued against his innocence, pointing to actions taken post-incident, such as phone formatting and complaint filing. Maliwal herself addressed the court, expressing concerns over her safety and alleging political influence on the case.
In rebuttal, Hariharan maintained that the charges did not align with culpable homicide, emphasizing the lack of evidence.
