A bench of Justices Surya Kant and Ujjal Bhuyan granted Kumar’s bail application on various grounds, including its finding that the investigation into the crime was complete, as the Delhi police had already submitted a chargesheet. As per the reports, there are over 50 prosecution witnesses, so the trial may not be completed soon. Furthermore, according to counsel AM Sanghvi, Kumar had already been in jail for more than 100 days since his detention on May 18th.
The court reasoned that Kumar was improbable to try to tamper with the evidence now that the investigation was concluded. The Bench did not accept Additional Solicitor General SV Raju’s request to postpone bail until the important, vulnerable, and private witnesses testified in court.
Justice Kant stated that other options existed, such as setting rigorous bail restrictions in addition to those imposed by the trial court. The Bench imposed four further conditions, including that he would not be reinstated as the Delhi Chief Minister’s secretary or granted any other official assignments associated with the Chief Minister’s office.
Second, the Supreme Court forbade him from entering the Chief Minister’s home or office until all private, vulnerable witnesses were interrogated. Third, the Supreme Court ordered that the private, vulnerable witnesses in the case be interviewed first by the trial court. The court stated that the trial court would make every effort to interview these witnesses as soon as possible, ideally within three months.
The court finally stated unequivocally that neither Kumar, the AAP office-bearers, nor the political party would make any public comments on the issue, which is still pending before the trial court.
The AAP expressed happiness over the bail and stated that it was good Kumar had attained bail ahead of the Assembly election campaign and key internal MCD elections. “We knew that sooner or later, both would get bail but it happening at this crucial juncture, when the party has kicked off its Assembly election campaign and key internal MCD elections are to be held, is the highlight. We are hopeful that the chief minister will also get bail now,” a senior party leader said.
Meanwhile, Delhi CM Arvind Kejriwal’s wife Sunita also expressed joy over the bail of Bibhav Kumar and Vijay Nair, who was AAP’s communication in charge. “A day of pure joy, relieved,” she posted on X probably provoking Swati Maliwal to respond.
सुकून भरा दिन🤗 pic.twitter.com/Qe7KqL3Rcj
— Sunita Kejriwal (@KejriwalSunita) September 3, 2024
In response to the post by Sunita, Maliwal said that the former was happy seeing a man who had beaten a woman. “The Chief Minister’s wife, who was at home when I was being beaten up, is feeling very “CM’s wide was at the residence when I was beaten. I am at least relieved because the man who beat me and misbehaved with me in his house has been released on conditional bail. How can we expect respect for our sisters and daughters from those who find solace in seeing such people? God is watching everything, justice will be done,” she said.
मुख्यमंत्री जी की पत्नी, जो मेरी पिटाई के दौरान घर पे ही थीं, उनको बड़ा “सुकून🤗” महसूस हो रहा है।
— Swati Maliwal (@SwatiJaiHind) September 4, 2024
सुकून इसलिए कि वो आदमी जिसने मुझे उनके घर में पीटा और अभद्रता की, वो शर्तिया बेल पर आया है।
सबको ये साफ़ संदेश है, महिलाओं को मारो पीटो, उसके बाद हम पहले गंदी ट्रोलिंग करवा… pic.twitter.com/fQ9vNBpwz6
Earlier, the SC had slammed Bibhav Kumar saying it was surprised by how the incident occurred at the Delhi chief minister’s residence. “We are shocked at the manner in which it is done to somebody visiting the CM residence,” it stated as it agreed to hear the bail plea in the case.
Swati Maliwal, Rajya Sabha MP for the Aam Aadmi Party on May 13th accused Chief Minister Arvind Kejriwal’s close aide, Bibhav Kumar of assaulting her in the CM’s residence. Maliwal had gone to the CM’s residence seeking a meeting with Arvind Kejriwal. She then requested the Delhi Police to investigate the matter.
Bibhav Kumar was once the personal assistant to Delhi Chief Minister Arvind Kejriwal. He was fired from his job last month after being questioned by the Enforcement Directorate in a case involving hindering government operations.
