Delhi court reserves order on bail plea of Bibhav Kumar

The Tis Hazari court reserved an order after hearing lengthy arguments on the bail plea of Bibhav Kumar, accused in the Swati Maliwal assault case

The Tis Hazari court on May 27 reserved an order after hearing lengthy arguments on the bail plea of Bibhav Kumar, accused in the Swati Maliwal assault case.

Swati Maliwal, who was presented in the hearing, opposed the bail plea saying she was receiving threats. She broke down in tears during the hearing. Additional Sessions Judge Sushil Anuj Tyagi reserved the order after hearing submissions by senior advocate N Hariharan for the accused, additional public prosecutor Atul Srivastava and advocate Madhav Khurana, counsel for Swati Maliwal.

At the outset, Delhi Police opposed the bail application by saying that it was not filed in an appropriate court.

Advocate Hariharan argued that the complainant went to CM’s residence and called PA Bibhav Kumar. PA Bibhav Kumar was not present at the CM’s house, after which she headed towards the CM’s residence without any permission or prior appointment. “Can anyone enter in this manner, this is the official residence of CM,” Senior Advocate Hariharan argued. There was a trespass and a report was also filed.”

“She had no appointment for a meeting, and there was no message of her arrival,” he argued. He further submitted that she was stopped by the security staff after which she asked them “You will make an MP wait,” the senior Advocate referred to the report. She sat in the waiting room and asked security to talk to Bibhav Kumar, the senior defence counsel.

Senior counsel argued, “What she is stating in the FIR, that is not true.” “This FIR is not the result of contemporaneous complaint. FIR was lodged after three days,” the senior Advocate argued. “How you will not accept what we are saying. There was no occasion to say such things,” he argued.

“Kindly look at the place where the alleged incident took place where many people were present. How can such an incident take place at this place,” N. Hariharan submitted. “There are many hospitals in the area, but she was taken to AIIMS for medical. There is no grievous injury on the vital part, so where is the question of Culpable homicide not amounting to murder,” the Advocate argued. “Defence counsel N. Hariharan further argued that the injuries can be self inflicted. The allegations do not make out a case of intention to disrobe her,” the senior Advocate argued.