Swati Maliwal assault case: Kejriwal’s aide Bibhav Kumar challenges arrest in Delhi High Court
Delhi court denies bail to Arvind Kejriwal's aide Bibhav Kumar in Swati Maliwal assault case
The Delhi High Court on Wednesday heard the plea filed by Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal,challenging his arrest. Kumaris accused of assaulting Aam Aadmi Party (AAP) MP Swati Maliwal.
According to ANI, Kumar also requested in his appeal that he receive "appropriate compensation" for his "illegal" incarceration.
A sessions court earlier on Monday rejected Kumar's bail request, stating that the charges against him could not be "wiped away" and that there was no "pre-meditation" on the part of the AAP MP in filing the FIR. A Delhi court noted its "bonafide requirements" and sentenced Kumar to three days of police imprisonment the next day.
The police "cannot be deprived of its right," the court said, to retrieve the cell phone he was holding at the time of Maliwal's alleged attack.
"The presence of the accused in a room where NVRs (network video recorders) are installed is not denied by him or his lawyer. To the mind of this court, the reason for remaining there for a sufficient time is obviously a question which needs to be investigated for which custodial interrogation is necessary," Metropolitan Magistrate Gaurav Goyal said, as quoted by PTI.
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The Delhi Police requested that Kumar be questioned in prison, but Kumar's attorney objected, saying they lacked "evidence to nail him" and "no justification for seeking his custody."
Kumar's requests for medication and for regular visits with his advocates, his wife and daughter were approved by the court in the interim.
After Maliwal accused Kumar in a formal complaint of assaulting her on May 13 at Kejriwal's house, Kumar was taken into custody on May 18. The FIR said that Kumar repeatedly kicked her in the stomach and pelvic area after slapping her multiple times.
Sections 354, 506, 509, and 323 of the IPC, which address offences like assault or criminal force on a lady with intent to insult her modesty and criminal intimidation, are where the police filed a FIR against Kumar after receiving the complaint.
(With inputs from agencies)
