Delhi High Court Accepts Bibhav Kumar’s Plea Against Arrest in Swati Maliwal Assault Case, Issues Notice

In a significant legal development, the Delhi High Court has deemed the writ petition filed by Bibhav Kumar, a senior aide to Delhi Chief Minister Arvind Kejriwal, as maintainable. The petition challenges Kumar’s recent arrest following allegations by Rajya Sabha MP Swati Maliwal. Justice Swarana Kanta Sharma of the Single Bench has issued a notice regarding this petition, scheduling further discussions before the roaster bench.

Bibhav Kumar was taken into custody after accusations surfaced from Swati Maliwal, who alleged that Kumar assaulted her during a visit to the Chief Minister’s residence on May 13, 2024. The claims led to his arrest under severe charges, including attempted culpable homicide and assault with intent to disrobe, among others.

Following the denial of bail by the Trial Court, which cited the seriousness of the allegations and the ongoing early stage of the investigation, Kumar approached the High Court. The Trial Court emphasized the visible injuries reported in the Medical Legal Case (MLC) and the authenticity of the victim’s claims, despite the delayed FIR registration.

“The investigation is still at the nascent stage, and the apprehension of influencing the witnesses or tampering with the evidence cannot be ruled out,” noted the Trial Court in its findings. “At this stage, no ground for bail is made out.”

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In her complaint, Maliwal detailed a sudden and unprovoked physical attack by Kumar, including multiple slaps and kicks, as well as actions intended to insult her modesty. This incident reportedly occurred in the presence of others, adding gravity to the accusations.

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