Bibhav Kumar Granted Bail In Swati Maliwal Assault Case By Supreme Court

On September 2, 2024, the Supreme Court granted bail to Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, in connection with the assault case involving AAP MP Swati Maliwal. Kumar has been in Tihar Jail for approximately 100 days following his arrest on May 18, after Maliwal accused him of assaulting her at the CM’s residence on May 13.

The Supreme Court’s bench, comprising Justices Surya Kant and Ujjal Bhuyan, emphasized that the trial is expected to take considerable time, as there are over 51 witnesses slated for examination. The court noted that Kumar had already spent a significant amount of time in custody and that the investigation had been completed with a chargesheet filed.

While the Delhi High Court previously denied Kumar bail, citing concerns that he could influence witnesses due to his considerable influence, the Supreme Court found that the nature of the injuries reported by Maliwal was minor, which contributed to their decision to grant bail. The bench imposed specific conditions, including that Kumar would not be reinstated as Kejriwal’s personal assistant or given any official role in the Chief Minister’s office. Additionally, he is barred from entering the CM’s residence until all witnesses have been examined.

The case has drawn significant attention, particularly given the serious allegations against Kumar, which include criminal intimidation and assault with the intent to disrobe. The Supreme Court had previously expressed its disapproval of Kumar’s actions, questioning whether someone with such behavior should be associated with the Chief Minister’s residence.

Kumar’s legal team has argued that the investigation was biased and that both he and Maliwal had lodged complaints against each other, but only Maliwal’s case was pursued. Despite these claims, the court focused solely on the bail application, refraining from commenting on the merits of the case.

As the legal proceedings continue, the court has directed that the trial court expedite the examination of witnesses, ideally within three months, to ensure a timely resolution to the case.