Kejriwal's aide Bibhav gets bail in Swati Maliwal assault case
What's the story
Bibhav Kumar, a former aide to Delhi Chief Minister Arvind Kejriwal, was granted bail by the Supreme Court on Monday after spending 100 days in custody.
The court stipulated that Kumar should not be reinstated as personal assistant or assigned any official duties in the CM's office.
Additionally, he is barred from entering the CM's residence until all witnesses have been examined and must refrain from commenting on the case publicly.
Context
Why does this story matter?
The case dates back to May 14, when Rajya Sabha MP Swati Maliwal filed a complaint with the Delhi Police against Kumar, alleging that he had assaulted her at Kejriwal's residence the previous day.
In response, Kumar lodged a counter-complaint accusing Maliwal of gaining unauthorized entry into the CM's Civil Lines residence and verbally abusing him.
The FIR filed against Kumar includes charges under several sections of the Indian Penal Code (IPC).
FIR details
Maliwal's allegations against Kumar
In her FIR, Maliwal alleged that Kumar slapped her 7-8 times without any provocation, pounced on her, kicked her chest and pelvis, and deliberately pulled up her shirt at Kejriwal's residence when she had gone to meet the Delhi chief minister on May 13.
The charges against Kumar include attempt to commit culpable homicide, wrongful restraint, assault or use of criminal force to woman with intent to disrobe, criminal intimidation and insult to the modesty of a woman.
Proceedings
What court said
During the hearing, Justice Ujjal Bhuyan said, "Injuries (to Maliwal) are simple. It's a case for bail. You should not oppose. You can't keep a person in jail in such a case."
Additional Solicitor General SV Raju, appearing for the Delhi Police, said, "There are certain important witnesses, who are under his (Bibhav) influence. Let them be examined. I won't oppose then."
"That way, we can't grant bail to any person," Justice Bhuyan replied, adding that the apprehension was "far-fatched".
Details
SC's statement on 'bail is rule'
To recall, Kumar was arrested by the Delhi Police on May 18 after a case was registered against him under Sections 308, 341, 354B, 506 of the Indian Penal Code (IPC).
Last month, a Delhi court extended the judicial custody of Kumar till September 13.
Notably, in August, while granting granting relief to AAP leader Manish Sisodia, arrested in the alleged Delhi liquor policy scam, the Supreme Court cited "bail is the rule" principle.