Breaking | "No Grounds Made Out For Release At This Stage": Delhi HC Denies Bail To Bibhav Kumar In Swati Maliwal Assault Case

The Bench of Justice Anoop Kumar Mehndiratta said, "No doubt the petitioner happens to be only designated as a Personal Secretary (PS), but effects 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."

The Court further ordered, "Keeping in view, the nature and gravity of accusation in the 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 application, if any also stand disposed of."

Pertinently, on July 10, the Bench had reserved order in Kumar's Bail plea. On July 1, the Court had agreed to consider Kumar's plea challenging his arrest by the police.

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.