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Synopsis

The Delhi High Court, on Friday, issued notice in the bail application filed by Bibhav Kumar,  a close associate of Chief Minister Arvind Kejriwal, in connection with the Swati Maliwal assault case. The bench of Justice Amit Sharma instructed the Delhi Police to provide a status report on the investigation.

The case stemmed out of an FIR registered based on a written complaint of Swati Maliwal, Rajya Sabha MP from the Aam Aadmi Party. She claimed that Kumar assaulted her when she went to meet Kejriwal at his residence on May 13. She asserted that Kumar slapped her at least 7-8 times while she continued screaming. She pushed him away to protect herself, but he then pounced on her, brutally dragged her, and deliberately pulled her shirt up.

The Delhi Police, represented by Senior Advocate Sanjay Jain, alleged that Kumar was uncooperative during the investigation and provided evasive answers to their questions. It was also alleged that Kumar deliberately withheld his mobile phone password, a crucial piece of information for uncovering the truth.

Represented by Senior Advocate N. Hariharan, Kumar argued that the case exemplified the misuse of criminal procedures and deceptive investigations, as both he and Maliwal had lodged complaints against each other, yet only her case was being investigated. He asserted that this bias resulted from her influence as a Member of Parliament. He contended that there was no investigation into his complaint about Maliwal's misconduct. Senior Advocate N. Hariharan further asserted that Kumar faced threats of severe consequences, including false accusations, and claimed Maliwal's FIR stemmed from a ‘nefarious design’.

Previously, the trial court had denied Kumar bail on May 27, and his second regular bail petition was also rejected by the sessions court on June 7.

Case Title: Bibhav Kumar v State of NCT Delhi