New Delhi: The Supreme Court granted bail to Bibhav Kumar, private secretary of Delhi Chief Minister Arvind Kejriwal, in the Swati Maliwal assault case on Monday. A bench led by Justice Surya Kant noted that Kumar has already undergone incarceration for over 100 days and trial will take time to commence.
The apex court noted that Kumar can be released on bail by imposing conditions, including no tampering with evidence or influencing the witnesses. The apex court said Kumar shall not be restored as private secretary of Delhi CM or political office associated with the CM’s office.
The bench said he will not enter CM residence till all witnesses are examined, and the prosecution should first examine important and vulnerable private witnesses in the matter. The apex court made it clear that Kumar cannot enter the CM’s residence until all important witnesses are examined.
The bench also comprising Justice Ujjal Bhuyan noted that the prosecution has proposed to examine more than 51 witnesses and the trial in the matter will take time to conclude.
The bench observed that since the charge sheet in the case has already been filed, Kumar's release will not cause any prejudice to the investigation. Additional solicitor general S V Raju, representing Delhi police opposed any relief for Kumar saying that he may influence the witnesses in the matter.
"Petitioner is in custody for 100 days. Chargesheet filed. Injuries are simple. It's a case for bail, you should not oppose. You can't keep a person in jail in such a case," said the bench.
Kumar moved the apex court challenging the Delhi High Court's order denying him bail. On July 12, High Court had dismissed Mr Kumar's bail plea, saying he enjoys "considerable influence" and no ground to grant him the relief was made out.
During the hearing, the bench said Kumar will not enter the Chief Minister's residence till all witnesses are examined and he should also refrain making any public comment on the case which is sub judice before trial court.
Raju insisted that if bail is granted to him then he may influence key witnesses and also tamper with the evidence. However, senior advocate Abhishek Singhvi submitted that the assault was minor and the charges exaggerated.
Maliwal, a Rajya Sabha member, has alleged that Kumar assaulted her at the Chief Minister's residence on May 13.
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