New Delhi:
The Supreme Court on Thursday issued discover to Delhi Police on a bail plea filed by Bibhav Kumar, an aide of Aam Aadmi Celebration boss and Chief Minister Arvind Kejriwal. Mr Kumar was arrested in Might after allegations of assault, inside Mr Kejriwal’s house, by AAP MP Swati Maliwal.
The following listening to has been set for August 7.
Bibhav Kumar was earlier denied bail by the Delhi High Court and a trial court docket.
Mr Kumar, in judicial custody until July 16, faces costs of legal intimidation, assault or legal power on a girl with intent to disrobe, and try to commit culpable murder.
He additionally faces costs of “disappearing evidence and giving false information“.
Within the temporary listening to this morning the court docket acknowledged “we usually grant bail… we grant bail to murderers and killers”. Nonetheless, in what could also be seen as a foul signal going ahead, it additionally remarked “have a look at the FIR. She (Ms Maliwal) was crying (throughout the assault)” and appeared unconvinced by arguments that Bibhav Kumar, if given bail, wouldn’t affect witnesses.
“If this type of particular person cannot affect who can? Was anybody within the drawing room (of the Chief Minister’s house, the place the alleged assault started) to talk in opposition to him… he does not appear ashamed, we predict,” a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan remarked.
The court docket, in a very sturdy statement, additionally known as Mr Kumar a “goon”.
Earlier in the present day senior advocate Abhishek Singhvi, showing for Mr Kumar, started by questioning the delay by Ms Maliwal in submitting her criticism. He referred to Ms Maliwal’s go to to Delhi’s Civil Strains Police Station on Might 13 (the day of the alleged assault) and the “unusual story” in her FIR.
READ | 500-Page Chargesheet Against Kejriwal’s Aide In Swati Maliwal Case
“Incident was on Might 13. FIR was lodged Might 16… the story in FIR is unusual. She went on the primary day to the police station however got here again (Ms Maliwal didn’t file a police criticism or make an announcement on that day). Didn’t lodge FIR. Three days later, FIR was lodged with accidents…”
Mr Singhvi additionally argued that there are contradictions in Ms Maliwal’s complaints. “Even trial court docket ought to have granted bail… there are contradictions about the place she says she was hit.”
In her criticism Ms Maliwal stated she was hit within the chest, abdomen and pelvic areas, and that she felt “completely shocked and was screaming for assist again and again”.
“As a way to defend myself, I pushed him away with my legs. At the moment, he pounced on me, brutally dragged and intentionally pulled my shirt up,” she informed the cops.
READ | AAP Says Kejriwal Home Video Exposes Swati Maliwal “Lie”, She Snaps
On the claimed delay, the court docket identified that Ms Maliwal, the previous head of the Delhi Fee for Ladies, had known as the police helpline (112) “instantly after the incident”.
Delhi Police later confirmed a name had been positioned – from Ms Maliwal’s cellphone and from inside Mr Kejriwal’s residence. The caller didn’t, nonetheless, reveal their id, the police stated.
“If she is looking 112 instantly after incident, what does it present?” the court docket shot again.
The court docket additionally questioned claims Ms Maliwal must be prosecuted as she had “trespassed” on Mr Kejriwal’s house. “Is it a personal residence or workplace of Chief Minister?” the court docket requested.
Ms Maliwal has maintained she had an appointment with the Chief Minister on that day.
Mr Singhvi then objected to the court docket “treating the FIR as gospel” however was informed the court docket is barely interested by due processes. “We aren’t bothered by your inside and different politics.”
READ | Delhi LG Backs Swati Maliwal, AAP Says It Proves Her BJP Link
Bibhav Kumar has denied all allegations by Swati Maliwal, and the AAP has claimed that their senior chief is a part of a “conspiracy” orchestrated by its fundamental rival, the Bharatiya Janata Celebration.
READ | Swati Maliwal Cries In Court, Claims Threat If Bibhav Kumar Gets Bail
Final month, forward of the trial court docket’s verdict on his bail attraction, Ms Maliwal claimed there can be threats to her life, and her household, if Mr Kumar had been to be launched from jail.
The case has sparked a predictable political spat between the AAP and the BJP, which has accused Mr Kejriwal of defending his aide. The BJP has launched a number of protests on this situation.
The BJP has additionally demanded that Mr Kejriwal – battling authorized issues of his personal following his arrest by the Enforcement Directorate in March – resign, a requirement he has rebuffed.
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