The Supreme Court on Monday granted bail to Bhibhav Kumar in the alleged case of assault against Rajya Sabha MP Swati Maliwal. The court observed that Kumar has spent 100 days in jail and chargesheet has already been filed in the case.
A Bench of Justices Surya Kant and Ujjal Bhuyan granted bail to Kumar while observing that nearly 51 witnesses are to be examined and the trial will take some time to complete.
"You cannot keep a person in jail for over 100 days when the injuries are simple. See the medical report. You have to balance both not oppose bail here." Justice Ujjal Bhuyan remaked while hearing the case.
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The top court while granting bail to Kumar, said that it will put in place remedial measures to ensure witnesses in the case are not influenced. The bench said that Kumar cannot be restored as Personal Secretary of Delhi Chief Minister Arvind Kejriwal or political office associated with the CM office.
It further said that Bhibhav Kumar shall not enter the Chief Minister's residence till all witnesses are examined. And the prosecution shall examine important and vulnerable witnesses in the case first.
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The top court further said that the political party (AAP) for which Bhibhav Kumar has worked shall not make any comment till the matter is disposed of by the trial court.
Bhibhav Kumar was arrested on May 18. On May 13, Rajya Sabha MP from Aam Aadmi Party alleged that Kumar assaulted her at Chief Minister Arvind Kejriwal's official residence. However, AAP has denied the allegations by Maliwal.
Bhibhav Kumar had moved the Supreme Court after the Delhi High Court had rejected his bail petition in July.