![Swati Maliwal assault case: Bibhav Kumar moves Delhi HC for regular bail](https://img.etimg.com/thumb/msid-110945262,width-300,height-225,imgsize-28166,resizemode-75/swati-maliwal-assault-case-bibhav-kumar-moves-delhi-hc-for-regular-bail.jpg)
New Delhi: Chief Minister Arvind Kejriwal's aide Bibhav Kumar has approached the Delhi High Court seeking regular bail in the case of alleged assault on AAP Rajya Sabha MP Swati Maliwal. The bail plea is likely to be listed for hearing before a vacation bench of the high court on June 14.
Kumar, who was sent to 14 days judicial custody on May 31, has been accused of assaulting Maliwal on May 13 at the chief minister's official residence.
A trial court in Tis Hazari had on June 7 refused to grant him bail, saying he was facing "grave and serious" charges and that there was an apprehension that he could influence witnesses.
In his plea before the high court, Kumar said the trial court failed to consider the fact that his further custody was not required as all evidence has been collected by the investigating officer and statements of witnesses have also been recorded.
"While passing the bail rejection order, the additional sessions judge failed to consider the fact that all the evidence in relation to the aforesaid FIR has been collected by the IO and has also recorded the statements of the witnesses therefore the custody of the petitioner is not required and no useful purpose shall be served by keeping the petitioner in the judicial custody," the plea said.
Kumar's first bail plea was dismissed on May 27 by another sessions court which said there appeared to be no "pre-meditation" by Maliwal in lodging the FIR and that her allegations could not be "swiped away".
Kumar was arrested on May 18.
An FIR was registered against Kumar on May 16 under various Indian Penal Code provisions, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.
Kumar, who was sent to 14 days judicial custody on May 31, has been accused of assaulting Maliwal on May 13 at the chief minister's official residence.
A trial court in Tis Hazari had on June 7 refused to grant him bail, saying he was facing "grave and serious" charges and that there was an apprehension that he could influence witnesses.
In his plea before the high court, Kumar said the trial court failed to consider the fact that his further custody was not required as all evidence has been collected by the investigating officer and statements of witnesses have also been recorded.
"While passing the bail rejection order, the additional sessions judge failed to consider the fact that all the evidence in relation to the aforesaid FIR has been collected by the IO and has also recorded the statements of the witnesses therefore the custody of the petitioner is not required and no useful purpose shall be served by keeping the petitioner in the judicial custody," the plea said.
Kumar's first bail plea was dismissed on May 27 by another sessions court which said there appeared to be no "pre-meditation" by Maliwal in lodging the FIR and that her allegations could not be "swiped away".
Kumar was arrested on May 18.
An FIR was registered against Kumar on May 16 under various Indian Penal Code provisions, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.
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