Bibhav Kumar denied bail in Swati Maliwal assault case

New Delhi: The Tis Hazari court denied bail to Arvind Kejriwal's sacked PA Bibhav Kumar in Swati Maliwal assault case on Monday.

Kumar is accused of assaulting the AAP Rajya Sabha member at the chief minister's residence on May 13.

He was sent to four days' judicial custody on May 24.

Earlier, Metropolitan Magistrate Gaurav Goyal had reserved the order after hearing the arguments.

During the hearing, Maliwal addressed the court when her counsel Madhav Khurana started the argument. 

She said after recording my statement, AAP leaders organised a press conference. I was called a BJP agent.

They have a huge troll machinery, they have pumped the machinery, she said.

“The accused was taken to Mumbai by the leaders of the party. If this accused is released on bail there would be a threat to me and my family,” Maliwal added.

“He is not an ordinary man, he uses the facilities used by the ministers,” Maliwal said.

Earlier, Maliwal broke down when the defence counsel was arguing during the bail hearing of Arvind Kejriwal’s PA Bibhav Kumar in the Tis Hazari court.

Senior advocate N Hariharan appearing for Kumar told the court that in this FIR, section 308 IPC has been invoked which is triable by the Court of Session.

He argued that she went to CM's residence and called the PA.

“Bibhav Kumar was not present at the CM residence, then she (Swati Maliwal) went towards the CM residence. Can anyone enter in this manner, this is the official residence of CM," Sr Advocate Hariharan argued.

“There was trespass and a report was also filed. She did not have an appointment for the meeting, there was no message of her arrival,” he argued.

“She (Swati Maliwal) was stopped by the security personnel. She asked them whether they would keep an MP waiting. She sat in the waiting room and asked security to talk to Bibhav Kumar,” the defence counsel submitted.

“What she is stating in the FIR, is not true. This FIR is not the result of contemporaneous complaints. FIR was lodged after three days,” Sr Advocate argued.

“How you will not accept what we are saying...There was no occasion to say such things,” he argued. 

“Kindly look at the place where the alleged incident took place where many people were present, N Hariharan submitted. How such an incident can take place at this place, he added. There are many hospitals in the area, but she was taken to AIIMS for medical,” Sr. Advocate argued.

“There is no grievous injury on the vital part, so where is the question of Culpable homicide not amounting to murder,” Sr Advocate argued Defence counsel N Hariharan argued that the injuries can be self-inflicted.

When he said the allegations do not make out a case of intention to disrobe her, Maliwal, who was present in the courtroom, broke down.

“This entire FIR is the result of an afterthought, Sr. advocate argued. I am seeking bail only, not the acquittal. CCTV has already been recovered, so there is no question of tempering, sr. Advocate. My (Bibhav's) availability to police investigation is from the very beginning,” Sr. Advocate argued.

Kumar's counsels moved the plea after he was sent to four days of judicial custody on Friday and got the hearing listed on Monday.

Rajya Sabha MP Maliwal has alleged that she was assaulted by Kejriwal's personal assistant Kumar when she had gone to meet the CM at his residence on May 13. Kumar had been in police custody after being arrested on May 18.

His anticipatory bail plea filed last Saturday was observed as becoming "infructuous" by the court.

Delhi Police has claimed that Kumar was not cooperating in the investigation, was evasive in his replies and has not disclosed his mobile phone password.