New Delhi: Bibhav Kumar, an aide of Delhi Chief Minister Arvind Kejriwal, walked out of Tihar Jail today after he was granted bail by the Supreme Court in the alleged assault case on Aam Aadmi Party (AAP) Rajya Sabha Member of Parliament (MP) Swati Maliwal.
Jail officials told that Bibhav Kumar was released from Jail number 5 at around 2 PM today.
Apex Court granted bail to Bibhav Kumar on September 2
The Supreme Court yesterday granted Bibhav Kumar bail in the case taking note that the investigation is complete and the charge sheet in the case has been filed and it is not likely to hamper or cause impediment in the investigation which is already complete.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan further noted Binghav Kumar is already in custody for more than 100 days and that there are more than 51 witnesses proposed by the prosecution to be examined in the case and the conclusion of trial will, thus, take some reasonable time.
Delhi Police, Swati Maliwal urged Apex Court to defer bail till vulnerable witnesses are examined by trial court
Additional Solicitor General (ASG) SV Raju, representing the Delhi Police, as well as counsel representing the complainant-victim Swati Maliwal vehemently argued that owing to the official status, which Bibhav Kumar has been enjoying in the past, and his political clout, he is likely to influence the private vulnerable witnesses and urged the top court bench that bail may be deferred till such time the vulnerable witnesses are examined by the trial court.
Desired protection can be afforded through various alternative measures: Apex Court
The top court, however, said that the desired protection can be afforded through various alternative measures including by imposing such reasonable terms and conditions which would prevent the propensity to influence the witnesses or tamper with the evidence.
“In our quest to strike a balance between `liberty’ on one hand and `a fair trial’ on the other, we appreciate the concern of the prosecution that the witnesses must be kept free from any kind of extraneous pressure or influence to enable them to depose fearlessly. We are, however, satisfied that the desired protection can be afforded through various alternative measures including by imposing such reasonable terms and conditions which would prevent the propensity to influence the witnesses or tamper with the evidence. In any case, any such attempt by the beneficiary of a discretionary jurisdiction of the court, will amount to misuse of concession of bail and the necessary consequences would, thus, follow,” the top court said while granting bail to Bibhav Kumar.
Bibhav Kumar shall not enter Delhi Chief Minister’s residence or office till vulnerable witnesses are examined: Apex Court
The apex court, while allowing the bail plea of Bibhav Kumar, directed that he shall not be restored to the position of private secretary to the Delhi Chief Minister and shall also not be given any other assignment during the pendency of the trial and said that he shall not enter the premises of the office or residence of the Delhi Chief Minister till all the vulnerable witnesses are examined by the trial court.
Delhi Police arrested Bibhav Kumar on May 18
Bibhav Kumar was arrested by the Delhi Police on May 18 in the alleged assault on Swati Maliwal at Chief Minister Kejriwal’s official residence on May 13 when she had gone there to meet him. The charge sheet in the case was recently filed by the Delhi Police before the trial court.
