Delhi High Court Dismisses Bibhav Kumar's Plea: AAP MP Assault Case Update
Team Finance Saathi
02/Aug/2024

Key Points:
Delhi High Court rejects Bibhav Kumar's plea challenging his arrest in the Swati Maliwal assault case.
Kumar’s bail plea was opposed by Delhi Police, citing concerns over potential influence on the probe.
AAP refutes Maliwal’s allegations and accuses her of conspiring against the party.
On Friday, the Delhi High Court dismissed a plea filed by Bibhav Kumar, a close aide of Chief Minister Arvind Kejriwal, challenging his arrest in connection with an alleged assault incident involving AAP MP Swati Maliwal at the Chief Minister's residence. Justice Neena Bansal Krishna stated, "Petition dismissed," marking a significant development in the ongoing legal proceedings.
Bibhav Kumar was arrested on May 18 following an FIR lodged on May 16. The FIR details an incident on May 13 where Kumar allegedly assaulted Maliwal at Kejriwal's official residence. According to the FIR, Kumar reportedly struck Maliwal in her chest, stomach, and pelvic area. The charges against Kumar include criminal intimidation, destruction of evidence, assault or criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.
Kumar’s arrest was met with opposition from the Delhi Police, who argued that releasing him on bail might interfere with the ongoing investigation. Kumar's plea contested his arrest as illegal and sought compensation for the alleged wrongful detention. He claimed that his arrest violated Section 41A of the Code of Criminal Procedure, which mandates notice of appearance before a police officer.
The Delhi High Court had earlier dismissed Kumar’s bail plea, which was subsequently challenged in the Supreme Court. Kumar’s legal team contended that the arrest procedures were not followed correctly, a claim refuted by the Delhi Police, who asserted that the arrest was made lawfully and not "in haste."
Amid the legal proceedings, the Aam Aadmi Party (AAP) has vehemently denied the allegations made by Rajya Sabha MP Swati Maliwal. The party accuses Maliwal of conspiring against them, asserting that the incident has been misrepresented. Social media videos showing Maliwal arguing with security personnel and leaving the Chief Minister’s residence have added to the controversy surrounding the case.
The dismissal of Kumar's plea adds a new layer to the unfolding drama, highlighting the ongoing tensions and legal battles within the political and legal arenas. The court's decision underscores the complexities of the case and sets the stage for further developments as Kumar's challenge proceeds through the legal system.
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