A Delhi court reserved its decision on Monday, May 27, regarding the bail plea of Bibhav Kumar, an aide of Delhi Chief Minister Arvind Kejriwal, in connection with the Swati Maliwal assault case. The Tis Hazari court heard arguments from both sides before deciding to announce its order at 4 pm today.
Bibhav Kumar's lawyer, senior advocate N Hariharan, argued that Kumar is seeking bail, not acquittal. He asserted that the bail application is valid and should be granted. Swati Maliwal was present in the court during the arguments.
Hariharan pointed out that the FIR invoked Section 308 of the Indian Penal Code, which is a serious charge typically tried in a Court of Session. He argued that Maliwal had no appointment and trespassed at the CM?s residence, leading to a security report being filed.
"Can anyone enter in this manner? This is the official residence of the CM. She did not have an appointment for the meeting, nor was there any message of her arrival," Hariharan argued. He mentioned that Maliwal insisted on meeting Kumar without prior notice and was stopped by security personnel.
Hariharan challenged the credibility of Maliwal?s claims, stating that the FIR was filed three days after the alleged incident and not immediately. He also questioned the nature of the injuries reported, suggesting they could be self-inflicted and not indicative of a serious crime.
"The allegations do not make out a case of intention to disrobe her," Hariharan argued, emphasizing that the entire FIR appeared to be an afterthought. He requested the court to grant bail, noting that Kumar had cooperated with the investigation from the beginning and that CCTV footage had already been recovered.
Hariharan concluded by stating that the prosecution's actions seemed to be an overreach, aiming to prevent the court from granting anticipatory bail. He highlighted that Bibhav Kumar has been in custody since May 18.
