Supreme Court Grants Bail Arvind Kejriwal’s Personal Assistant Bibhav Kumar in the Assault Case

On September 02, 2024 (Monday), the Supreme Court (SC) of India granted bail to Delhi Chief Minister Arvind Kejriwal’s Personal Assistant Bibhav Kumar in the assault case. The bench noted that “...there are more than 51 witnesses proposed by the prosecution to be examined as can be seen from the chargesheet…” Hence, the conclusion of the trial would take some reasonable time. Furthermore, the petitioner has been in custody for more than 100 days. The bench of Justice Hrishikesh Roy and Justice SVN Bhatti added, “In the event of his release, the petitioner, at this stage, is not likely to hamper or cause impediment in the investigation which is already complete.” Justice Bhuyan told Additional Solicitor General SV Raju, appearing for the Delhi Police, “Mr. ASG, chargesheet has been filed. He has been under custody for over 100 days. And as per the medical report, the injuries are two bruises which are minor in nature. This is a case for bail. You should not be opposing.” 

During the proceedings, the Learned Additional Solicitor General of India as well as learned counsel for the complainant-victim argued that “owing to the official status, which the petitioner has been enjoying in the past, and his political clout, he is likely to influence the private vulnerable witnesses whose versions will have material bearing on determining the nature and manner of occurrence that took place on 13.05.2024.” They further urged that the prayer for bail may be deferred till such time the Trial Court examines the vulnerable witnesses. Following this, the bench opined, “In our quest to strike a balance between `liberty’ on one hand and `a fair trial’ on the other, we appreciate the concern of the prosecution that the witnesses must be kept free from any kind of extraneous pressure or influence to enable them to depose fearlessly. We are, however, satisfied that the desired protection can be afforded through various alternative measures including by imposing such reasonable terms and conditions which would prevent the propensity to influence the witnesses or tamper with the evidence. In any case, any such attempt by the beneficiary of a discretionary jurisdiction of the Court, will amount to misuse of concession of bail and the necessary consequences would, thus, follow.”

In this case, the petitioner, Private Secretary to the Chief Minister of Delhi, sought enlargement on bail in FIR under Sections 308, 341, 354-B, 506, and 509 of the Indian Penal Code (IPC). The petitioner assaulted the complainant-victim, who is a Member of Parliament for Rajya Sabha from Delhi, at the time when she entered the residence of the Chief Minister of Delhi. After hearing the matter, the SC bench granted bail to Bibhav Kumar, subject to certain terms and conditions imposed by the Trial Court. It also directed additional terms and conditions which are mentioned as follows:

• “The petitioner shall not be restored to the position of Private Secretary to the Chief Minister of Delhi and shall also not be given any other assignment during the pendency of the trial.
• The petitioner shall not enter the premises of the Chief Minister’s Residence or Office till all the vulnerable witnesses are examined by the Trial Court.
• The prosecution is directed firstly to produce important and private vulnerable witnesses. Such witnesses should be examined first by the Trial Court.
• The Trial Court shall make an endeavour to examine the important or vulnerable witnesses as early as possible, and preferably within three months.
• The petitioner shall not make any public comments on the merits of the issues, which are sub-judice before the Trial Court. This condition is imposed at this stage to safeguard the victim’s rights and to dissuade a recent tendency of building self-serving narrative on public platforms.
• However, the petitioner shall be at liberty to raise all his contentions before the Trial Court.”