Breaking | Delhi HC Holds That Bibhav Kumar's Plea Against Arrest In Swati Maliwal Assault Case Is Maintainable, Issues Notice

The Delhi High Court has agreed to consider a Writ Petition filed by Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, challenging his arrest by the police. Kumar's arrest stems from allegations made by Rajya Sabha MP Swati Maliwal, accusing him of assaulting her. 

Pertinently, the Court had reserved the order on maintainability on May 31, 2024, which was pronounced today.

The Single Bench of Justice Swarana Kanta Sharma said, "Notice issued, listed before the roaster bench."

Kumar had approached the High Court shortly after the Trial Court denied him bail, citing the serious nature of the allegations against him. The Court had noted the necessity of evaluating the allegations without prejudice, underscoring the early stage of the investigation and the potential risks of tampering with evidence.

"The investigation is still at the nascent stage, and the apprehension of influencing the witnesses or tampering with the evidence cannot be ruled out. Keeping in view the allegations made against the applicant, at this stage, no ground for bail is made out," the Trial Court had held. 

The Trial Court had further said, "The allegations raised by the victim have to be taken on their face value and cannot be swiped away. The mere delay in registering the FIR would not have much impact on the case as the injuries are apparent in the MLC after four days. There seems to be no pre- meditation on the part of the victim as if it would have been so, then the FIR would have been registered on the same day."

The case pertains to allegations made by AAP Rajya Sabha MP Swati Maliwal, who claimed that Kumar had assaulted her at the CM’s residence on May 13, 2024. Based on Maliwal’s complaint, police had filed a First Information Report (FIR) on charges of attempted culpable homicide, assault with intent to disrobe, wrongful restraint, criminal intimidation, and insulting the modesty of a woman.

In her complaint, Maliwal had alleged that Bibhav Kumar had slapped her seven to eight times without any provocation at the CM’s residence on May 13, when she went to meet Kejriwal. She also alleged that he slapped her, kicked her in the chest and pelvis, and deliberately pulled up her shirt.

Cause Title: Bibhav Kumar v. State of NCT of Delhi [W.P. (CRL) 1827/2024 & CRL.M.A. 17736/2024]

Appearance:-

Petitioner: Senior Advocate N. Hariharan, Advocates Karan Sharma, Rajat Bhardwaj,  Mudit Jain, Mohit Siwach, Kaustabh Khanna, Siddharth Yadav, Punya Rekha Angara, Aayush Goswami

Respondent: Senior Advocate Sanjay Jain, Advocates Sanjeev Bhandari (ASC), Atul Kumar (APP), Anvita Bhandari, Charu Sharma, Arjit Sharma, Vaibhav Vat