The Supreme Court on Monday granted bail to Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar in a case pertaining to the alleged assault of MP Swati Maliwal, Bar and Bench reported.
While hearing Kumar’s bail plea, a bench of Justices Surya Kant and Ujjal Bhuyan noted that the accused had already spent more than 100 days in custody and that the trial could be lengthy because over 50 witnesses need to be examined.
“You cannot keep a person in jail for over 100 days when the injuries are simple,” Bhuyan told the Delhi Police. “See the medical report. You have to balance both, not oppose bail here.”
During the hearing on Monday, Additional Solicitor General SV Raju opposed granting bail to Kumar at this stage of the investigation, contending that more witnesses need to be examined before the trial court.
However, the Supreme Court stated that it will implement safeguards to prevent witnesses from being influenced.
“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,” the bench noted in its order.
However, the bench said it was satisfied that the necessary protection can be extended to the witnesses through imposition of reasonable terms and bail conditions that would “prevent the propensity to influence the witnesses or tamper with the evidence”, Bar and Bench reported.
Any attempt by Kumar to influence witnesses will, in any case, amount to the misuse of bail and the action will attract consequences, the court said.
Accordingly, the bail order imposed several restrictions on Kumar, including preventing him from being restored as the private secretary to the chief minister or taking any other assignment. Kumar has also been barred from entering the chief minister’s residence or office until all witnesses are examined by the trial court.
Kumar, who is in jail since May 18, has been charged with assault or the use of criminal force on a woman with intent to disrobe, criminal intimidation, voluntarily causing hurt and using words, gestures or acts intended to insult the modesty of a woman.
On May 13, Aam Aadmi Party’s Rajya Sabha member Maliwal accused Kumar of assaulting her. She filed a formal complaint with the police three days later after which the case was registered.
The Aam Aadmi Party had said on May 14 that it would take strict action against Kumar for allegedly “misbehaving” with Maliwal. However, after the case was filed, the party accused the Bharatiya Janata Party of using Maliwal in the case against Kumar to defame Kejriwal.
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