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The Supreme Court of India on September 2, 2024, granted bail to Bibhav Kumar, the personal assistant to Delhi Chief Minister Arvind Kejriwal, in the Swati Maliwal assault case. The bench, comprising Justices Surya Kant and Ujjal Bhuyan, acknowledged the extensive list of 51 witnesses proposed by the prosecution, making it clear that the trial's conclusion would take significant time. Given that Kumar has already been in custody for over 100 days, the bench found no reason to further delay his release, especially since the chargesheet has been filed and the investigation is complete.
Justice Bhuyan, addressing the Additional Solicitor General (ASG) SV Raju, noted the minor nature of the injuries involved, stating, "This is a case for bail. You should not be opposing." Despite the ASG's concerns about potential witness tampering and the nature of the crime against a woman, the bench imposed conditions on Kumar’s bail to mitigate these risks.
The conditions include that Kumar cannot resume his position as the Personal Secretary to the Delhi CM or take up any other official assignment in the CM's office. Additionally, he is prohibited from entering the Delhi CM's residence until the private, vulnerable witnesses have been examined, and he must refrain from making public comments regarding the case. The bench emphasized that these restrictions are temporary, aimed at safeguarding the integrity of the witness examination process, which the trial court should expedite within three months.
Kumar's legal team, led by Senior Advocates Dr. Abhishek Manu Singhvi and Mukta Gupta, argued against the imposition of these restrictions, especially the condition preventing Kumar from visiting Kejriwal's residence. However, the court clarified that this was a temporary measure, not a permanent one, and directed the trial court to prioritize the examination of the vulnerable witnesses.
Kumar's bail marks a significant development in a case that has drawn considerable attention due to the high-profile individuals involved.
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