Delhi court on Monday (May 27) reserved its order on the bail plea by Arvind Kejriwal's aide Bibhav Kumar in connection with the Swati Maliwal assault case. Kumar had moved a bail plea before Delhi’s Tis Hazari court that heard the arguments of both sides before reserving the order. The decision of the court will be out at 4 pm today.
Arvind Kejriwal’s aide Bibhav Kumar submitted before Delhi’s Tis Hazari court that he is seeking bail in connection with the Swati Maliwal assault case “and not acquittal”, and urged the court to grant him bail. Senior advocate N Hariharan, representing Kumar, submitted that the bail application is maintainable. Maliwal was present in the court when the arguments regarding Kejriwal’s PA were underway.
Bibhav Kumar's lawyer presents his side
Presenting his side, Kumar’s lawyer said that in the FIR section 308 IPC has been invoked which is triable by the Court of Session, and she went to CM’s residence and called the PA He argued that 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. 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," Sr Advocate Hariharan argued.
He said referring to the report that Maliwal was stopped by the security personnel after which she asked them if 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 complaint. FIR was lodged after three days,” he argued.
“How you will not accept what we are saying...There was no occasion to say such things. Kindly look at the place where the alleged incident took place where many people were present. How such an incident can take place at this place,” the advocate argued.
There are many hospitals in the area, but she was taken to AIIMS for medical, he said. There is no grievous injury on the vital part, so where is the question of Culpable homicide not amounting to murder, Sr Advocate argued.
He argued that the injuries can be self-inflicted. The allegations do not make out a case of intention to disrobe her, he argued.
Swati Maliwal breaks down during defence counsel’s arguments
This entire FIR is the result of afterthought, the advocate argued. “I am seeking bail only, not the acquittal,” he added.
“CCTV has already been recovered, so there is no question of tempering. My (Bibhav) availability to police investigation is from the very beginning,” he argued.
“Everything is pre-planned and tailor-made to suit her story. It was an overreach by the prosecution preventing this court from passing an order on anticipatory bail,” he submitted. Bibhav Kumar has been in custody since May 18, he said and concluded his arguments.
Additional Public Prosecutor Atul Srivastava begins his arguments
“Intention is not required to make out a case of Culpable homicide not amounting to murder, knowledge is sufficient,” Additional Public Prosecutor (APP) Atul Srivastava submitted.
“The accused had beaten a lady who was alone dragged her and her head hit the centre table, will this not cause a death. If I slap a lady in an open place, it is outraging the modesty of a woman,” APP argued
Additional Public Prosecutor (APP) opposed the submissions of defence counsel that she went there with a premeditated mind to malign Bibhav Kumar.
Her reputation was kept in high esteem by the party chief and was called 'Lady Singham'. The accused was terminated from his post, APP submitted.
“The accused did not tell the complainant that I was not in service and couldn't arrange the meeting with the CM. It shows the intention on the part of the accused. There was no occasion earlier when she was asked to take a prior appointment. All the people at the place of occurrence were reporting to Bibhav Kumar. It shows that he is influential. He can temper the evidence,” APP submitted.
Swati Maliwal claims threat to her life
Swati Maliwal's lawyer said in the court, "As soon as I lodged the FIR, the ministers held press conferences three to four times a day and called me an agent of BJP. The Chief Minister took Bibhav to Lucknow and Mumbai. They have an army of trollers and have been told that anyone who speaks with or in support of Swati Maliwal will not be spared."
Maliwal further said that if Bibhav is granted bail, "there could be a threat to my life and my family's life".
"The facility which no one else is getting is being given to Bibhav," the lawyer added.
"They have a huge system which is engaged in assassinating my character. They told the people that no one should stand with me," the lawyer said.
"This man is very powerful, if he comes out then I and my family are in danger," Maliwal's lawyer added.
(With ANI inputs)
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