A former aide of Delhi Chief Minister Arvind Kejriwal, Bibhav Kumar, accused of assaulting Rajya Sabha MP Swati Maliwal, was granted bail Monday by the Supreme Courtroom.
A bench of Justices Surya Kant and Ujjal Bhuyan took into consideration that the accused has been in custody for 100 days and chargesheet has already been filed within the case.
It additionally stated that there are greater than 51 witnesses to be examined and the conclusion of the trial will take a while.
“Petitioner is in custody for 100 days. Chargesheet filed. Accidents are easy. It is a case for bail, you shouldn’t oppose. You may’t preserve an individual in jail in such case,” stated the highest courtroom to SV Raju, representing Delhi police, who was opposing the grant of bail to Mr Kumar.
The bench stated trial courtroom shall make an endeavour to complete examination of essential and weak witnesses first inside three months.
The courtroom additional directed that Bibhav Kumar, who holds a Grasp’s diploma from Delhi College and a postgraduate diploma in journalism, won’t be reinstated as a private assistant to Mr Kejriwal or given any official project within the chief minister’s workplace.
The highest courtroom additionally restrained 43-year-old Mr Kumar from coming into the chief minister’s residence until all witnesses have been examined. Arvind Kejriwal stays in judicial custody in reference to the alleged Delhi liquor coverage rip-off.
Quickly after the choice got here, the AAP thanked the Supreme Courtroom for granting bail to Chief Minister Kejriwal’s aide.
“Heartfelt due to Supreme Courtroom for grating bail to Bibhav Kumar. This matter is sub-judice and it will not be acceptable to touch upon it additional,” stated AAP chief nationwide spokesperson Priyanka Kakkar throughout a press convention.
How Bibhav Kumar’s Lawyer Argued The Case
In the course of the listening to, senior advocate Abhishek Manu Singhvi, showing for the accused, submitted that the accidents to Ms Maliwal, a former chairperson of Delhi Fee for Girls, are easy and the invocation of the offence below Part 308 of the Indian Penal Code (try and commit culpable murder not amounting to homicide) was not justified.
He additional stated that witnesses are the officers of the Delhi police itself and therefore there was no scope for intimidating or influencing of witnesses.
Why Delhi Excessive Courtroom Rejected Bibhav Kumar’s Bail
On July 12, Delhi Excessive Courtroom had dismissed Mr Kumar’s bail plea, saying he enjoys “appreciable affect” and no floor to grant him the aid was made out.
Supreme Courtroom On ‘Bail Is Rule’ Precept
Final month, whereas granting aid to AAP chief Manish Sisodia, arrested within the alleged Delhi liquor coverage rip-off, the Supreme Courtroom reiterated ‘bail is the rule’ precept.
The courts ought to chorus from staying bail orders in a mechanical method and with out giving any motive, the Supreme Courtroom had stated in July, underlining aid must be denied to an accused solely in uncommon and distinctive instances.
Pointing to the proper to non-public liberty below Article 21 of the Structure, the Supreme Courtroom, listening to a cash laundering case in July, noticed that one can’t curtail liberty as a apply and that it will likely be disastrous.
The Case Towards Bibhav Kumar
Earlier, Swati Maliwal hit out on the AAP, alleging that an try was made to painting her as a “villain” and Chief Minister’s shut aide as a “hero” after she made assault allegations towards him.
The 39-year-old Ms Maliwal alleged victim-shaming by the social gathering, including that her character was “maligned” and he or she was left “alone in all the battle.”
The MP filed a criticism with the Delhi police towards Bibhav Kumar on Could 14, a day after the alleged assault passed off on the Chief Minister’s residence. A day later, Bibhav Kumar lodged a counter-complaint with the police, accusing Ms Maliwal of gaining ‘unauthorised entry’ into the CM’s Civil Strains residence and ‘verbally abusing’ him.