Supreme Court: The Division Bench of Surya Kant and Ujjal Bhuyan, JJ. granted bail to Delhi Chief Minister Arvind Kejriwal’s Personal Assistant Bibhav Kumar in the Swati Maliwal assault case, on several terms and conditions. The Court said that the conclusion of the trial will take some time, and he has been under custody for over 100 days. Moreover, since the chargesheet has already been filed, his release will not cause prejudice to the investigation, which is already complete.
Arvind Kejriwal’s PA Bibhav Kumar sought bail in FIR registered under Sections 308, 341, 354-B, 506 and 509 of the Penal Code, 1860 (IPC) registered at Civil Lines, Delhi police station.
The Court noted that more than 51 witnesses have been proposed by the prosecution to be examined. Hence the Court said that the conclusion of trial will take some reasonable time, and Bibhav has already been in custody for more than 100 days. The Court also said that, if he is released at this stage, he is not likely to hamper or cause impediment in the investigation which is already complete.
Regarding, the State’s contention that owing to Bibhav’s official status, and his political clout, he is likely to influence the private vulnerable witnesses whose versions will have material bearing on determining the nature and manner of occurrence that took place on 13-05-2024, the Court stated that “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/ State that the witnesses must be kept free from any kind of extraneous pressure or influence to enable them to depose fearlessly”. However, the Court said that it was satisfied that the desired protection could be afforded through various alternative measures, including imposition of such reasonable terms and conditions which would prevent the propensity to influence the witnesses or tamper with the evidence. The Court also added that any such attempt, will amount to misuse of concession of bail and the necessary consequences would, thus, follow.
Thus, the Court granted him bail on such terms and conditions that may be imposed by the Trial Court. However, in addition to the terms and conditions to be imposed by the Trial Court, in the interest of justice, the Court imposed following additional terms and conditions:
(i) Bibhav shall not be restored to the position of Personal Assistant to the Chief Minister of Delhi and shall also not be given any other assignment during the pendency of the trial.
(ii) He shall not enter the premises of the Chief Minister’s Residence or Office till all the vulnerable witnesses are examined by the Trial Court.
(iii) The prosecution to firstly produce important and private vulnerable witnesses. Such witnesses should be examined first by the Trial Court.
(iv) The Trial Court shall make an endeavour to examine the important or vulnerable witnesses as early as possible, and preferably within three months.
(v) Bibhav shall not make any public comments on the merits of the issues, which are sub-judice before the Trial Court, in order to safeguard the victim’s rights and to dissuade a recent tendency of building self-serving narrative on public platforms.
(vi) He shall be at liberty to raise all his contentions before the Trial Court.
Background
Rajya Sabha MP from Delhi, Swati Maliwal’s complaint was that on 13-05-2024 at Delhi CM’s residence, she went to meet him. She was informed that CM was present in the house and was told to wait. Bibhav Kumar barged into the room and without any provocation, started screaming and abusing her. When complainant asked him to stop and call the CM, he slapped her with full force and slapped 7-8 times. In order to protect herself, complainant screamed for help and pushed him with her legs. Allegedly, he brutally dragged her and pulled her shirt up and she landed on the floor, while hitting her head on the centre table. Somehow, Maliwal managed to get out and called on number 112. Thereafter, an FIR was registered against Bibhav.
Bibhav was arrested on 18-05-2024 and after remaining in police custody, he was sent to judicial custody.
An application was moved under Section 439 of the Criminal Procedure Code, 1973 by Bibhav before Delhi High Court for grant of regular bail in FIR for offences under Section 308, 341, 354-B, 506, 509 of IPC. The Court in the impugned decision, Bibhav Kumar v. State (NCT of Delhi), 2024 SCC OnLine Del 4730 opining that Bibhav has considerable influence and it cannot be ruled out that witnesses may be influenced or evidence may be tampered with, if he is released on bail, at this stage, and keeping in view the nature and gravity of accusation and apprehension of the witnesses being influenced, the High Court dismissed the application.
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