The Tis Hazari court , on Monday, denied bail to Bibhav Kumar, the former aide of Delhi Chief Minister Arvind Kejriwal, in connection with the assault case involving Rajya Sabha MP Swati Maliwal. Following four days of judicial custody, Kumar will appear before the court tomorrow.
The bail application was dismissed by Additional Sessions Judge Sushil Anuj Tyagi after hearing arguments from senior advocate N Hariharan representing the accused, additional public prosecutor Atul Srivastava, and advocate Madhav Khurana, who is counsel for Swati Maliwal. The court’s decision came after extensive deliberation on Kumar’s bail plea in the Swati Maliwal assault case.
During the hearing, Swati Maliwal, visibly distressed, voiced her opposition to the bail plea, citing threats she had been receiving. She became emotional, shedding tears in court. “They have a huge troll machinery, they have pumped the machinery, she said in the court.
“The accused was taken to Mumbai and Lucknow by the leaders of the party. If this accused is released on bail there would be a threat to me and my family,” she added.
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Initially, the Delhi Police contested the bail application, arguing that it wasn’t filed in the appropriate court.
Senior advocate N. Hariharan countered, asserting that the bail application was indeed maintainable in the current court, which holds jurisdiction over cases involving Section 308 of the IPC. He argued that the complainant visited the CM’s residence and contacted PA Bibhav Kumar, who was not present there. Despite the absence and lack of permission or prior appointment, she proceeded to the CM’s residence.
“Can anyone enter in this manner, this is the official residence of CM,” Senior Advocate Hariharan argued.
“There was a trespass and a report was also filed. She had no appointment for a meeting, and there was no message of her arrival,” he further argued.
Advocate Hariharan elaborated that Swati Maliwal was halted by the security personnel, to which she responded, “You will make an MP wait,” as mentioned in the report.
Rajya Sabha MP Swati Maliwal has accused Kejriwal’s personal assistant, Kumar, of assaulting her during a visit to the CM’s residence on May 13. Kumar was subsequently arrested on May 18 and has remained in police custody since then.
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