[Swati Maliwal Assault Case] ‘May Influence Witness Or Temper With Evidence’: Delhi HC Dismisses Bibhav’s Bail Plea

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Synopsis

Police, in the previous court session, informed the court regarding Kumar’s uncooperative behavior during the investigation, giving evasive answers. It was also claimed that Kumar deliberately withheld his mobile phone password, which was crucial for uncovering the truth.

The Delhi High Court, on Friday, dismissed the bail plea moved by Bibhav Kumar in Swati Maliwal’s assault case. The court noted that the possibility of Bibhav influencing the witness or tempering with evidence cannot be ruled out. 

The bench of Justice Anoop Kumar Mendiratta held, ‘It cannot be ruled out that the witness may be influenced or evidence can be tempered. Therefore, the bail application is disposed of’. 

An FIR was registered based on Swati Maliwal's written complaint. She was a Rajya Sabha MP from the Aam Aadmi Party, who recently claimed that she is an ‘MP without a political party’. 

She alleged that Kumar assaulted her when she went to meet Kejriwal at his residence on May 13. She further argued that Kumar slapped her at least 7-8 times while she screamed. She pushed him away to protect herself, but he then pounced on her, brutally dragged her, and deliberately pulled her shirt up.

Kumar, represented by Senior Advocate N. Hariharan, argued that the case demonstrated the misuse of criminal procedures and deceptive investigations. He asserted that both he and Maliwal had lodged complaints against each other, yet only her case was being investigated. He claimed that this bias was due to her influence as a Member of Parliament and that there was no investigation into his complaint about Maliwal's misconduct.