Bibhav Kumar on Thursday moved the Supreme Court against the Delhi High Court order denying him bail for allegedly assaulting AAP Rajya Sabha MP Swati Maliwal at Delhi Chief Minister Arvind Kejriwal's residence. Bhibhav Kumar has filed a special leave petition against the Delhi High Court order denying him bail.
The Delhi High Court on July 12 denied bail to Bhibhav Kumar in the alleged Swati Maliwal assault case.
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A bench of Justice Anoop Kumar Mendiratta rejected Kumar's bail plea and remarked that though he happens to be only designated as a personal secretary to the Chief Minister but he yields considerable influence.
Justice Anoop Kumar Mendiratta of the Delhi High Court rejected Kumar's bail plea, observing that though he happens to be only designated as a personal secretary to the Chief Minister but he yields considerable influence. The high court found that at this stage, it could not be be ruled out that witnesses may be influenced or evidence may be tampered with, if bail is granted to Kumar.
Justice Mendiratta further observed that allegations of assault cannot be disbelieved merely on account of delay filing of FIR.
Kumar was denied bail by the trial court on May 27. His second regular bail plea was rejected by the sessions court on June 07.
Justice Mendiratta while denying bail to Kumar said that since the Swati Maliwal is a dignified member of a political party, she had second thoughts to lodge the complaint, considering the powerful position of the petitioner. And despite mustering the courage to visit the police station on the same day and informing the SHO, Mailwal returned without lodging the FIR.
The high court noted that it may be preposterous at this stage to infer that Maliwal has been falsely implicated and allegations have been concocted.