The Supreme Court on Monday granted bail to Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar in the Swati Maliwal assault case noting that he has been in custody for over 100 days.
A bench of Justices Surya Kant and Ujjal Bhuyan also took into account that the prosecution has proposed to examine more than 51 witnesses and said the trial will take time to conclude.
It also noted that since the charge sheet in the case has already been filed, Kumar's release will not cause any prejudice to the investigation.
'Allegations are that the petitioner, who is personal secretary to Delhi chief minister, assaulted the complainant-victim who is a Rajya Sabha MP... Investigation in the case is complete. Charge sheet has been filed. We are not inclined to hear on the point as to where prima facie offense is made out. It's exclusive domain of trial court.
'While we appreciate the concern to keep witnesses free from influence for conclusion of a fair and free trial, we are satisfied that desired protection can be afforded through other measures. Without expressing opinion on merits, we deem it appropriate to grant bail to petitioner,' the bench said.
Additional Solicitor General S V Raju, appearing for the Delhi police, opposed the grant of bail at this stage.
'There are certain important witnesses who are under his influence. Let them be examined first,' Raju submitted while claiming that CCTV footage of the incident has been tampered with.
Senior advocate Abhishek Singhvi, who represented Kumar, said the injuries are simple and the invocation of the offence under Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder) was not justified.
In order to address the concerns about the possibility of Kumar influencing the witnesses, the bench imposed a number of conditions on him including that he will not be reinstated as a personal assistant to Kejriwal or given any official assignment in the chief minister's office.
The top court also restrained Kumar from entering the chief minister's residence till all witnesses have been examined.
The petitioner shall not make any public comment regarding the case, it added.
'The bail will be subject to other conditions to be imposed by the trial court,' the apex court said.
Kumar allegedly assaulted Maliwal on May 13 at Kejriwal's official residence. He was arrested by the Delhi Police on May 18.
Police had termed the alleged assault as "brutal" and urged the top court to dismiss Kumar's bail plea.
An FIR was registered against Kumar on May 16 under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.
Kumar challenged the July 12 order of the Delhi high court denying him bail.
While denying him bail, the high court had said the accused enjoys 'considerable influence' and no ground has been made out to grant him the relief. It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail, it had said.
