Swati Maliwal assault: SC directs Delhi Police to file reply by Aug 21 on Bibhav Kumar's bail

Swati Maliwal. File pic

The Supreme Court on Wednesday directed the Delhi Police to file its response by August 21 on the plea of Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar for grant of bail in the AAP Rajya Sabha member Swati Maliwal assault case.

Additional Solicitor General S V Raju, appearing for the Delhi Police, told a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan that he needed three weeks' time to file a reply.

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Senior advocate Abhishek Singhvi, appearing for Kumar, opposed the grant of three weeks and said charge sheet has already been filed in the case.

The apex court then asked Raju to file response by August 21 and posted the matter for hearing on August 27.

The top court had earlier come down heavily on Kumar saying "Is this kind of goon supposed to work in the CM's residence?" The bench said it was shocked with the details of the incident recorded by the Delhi High Court.

Kumar has challenged the July 12 order of the Delhi High Court denying him bail in the case and claimed that the allegations against him are false. He has also said his custody is no longer required as the probe is over.

"Is CM residence a private bungalow? Is this kind of 'goon' supposed to work in the CM's residence?" the bench had asked Singhvi, who said there were non-serious injuries and the FIR was lodged three days after the May 13 incident.

Referring to the case records, the bench had said it does not want to read it in open court but once she told him to stop due to her particular physical conditions, this man continued assaulting her.

The bench had said it is not about major or minor injury but the nature of the incident, and pointed out that Kumar acted like "some goon had entered the official residence of the chief minister".

Kumar allegedly assaulted Maliwal on May 13 at Kejriwal's official residence.

An FIR was registered against Kumar on May 16 under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide. He was arrested on May 18.

While denying him bail, the high court had said the accused enjoys "considerable influence" and no ground was made out to grant him the relief. It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail, the high court had said.

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