New Delhi, May 27 (PTI) An Indian court on Monday rejected the bail plea of Chief Minister Arvind Kejriwal’s close aide Vibhav Kumar, saying there was no “premeditated” intent in filing the FIR by AAP legislator Swati Maliwal and her allegations “cannot be ignored”.
The court emphasised that the delay in filing the FIR did not significantly affect the proceedings as the injuries came to light four days after the alleged incident in the medico-legal procedure (MLC).
ALSO READ | Haryana fire: Massive fire breaks out at warehouse in Faridabad, no casualties reported (Watch Video).
Additional Sessions Judge Sushil Anuj Tyagi was hearing the bail petition of Kumar, who is accused of assaulting state Congress member Maliwal at the Chief Minister’s residence on May 13.
“The allegations made by the victim have to be taken at face value and cannot be ignored. Mere delay in registration of FIR will not have any significant impact on the case as the injury was revealed in the MLC four days later,” the judge said.
READ ALSO | Mara Naaman resigns: Dalton School teacher tenders resignation amid allegations of sexual abuse of student.
“There seems to be no planning on the part of the victim but if there was planning, the FIR would have been registered on the same day,” he added.
The FIR was registered on May 16 under various provisions of the Indian Penal Code, including for intimidating, assaulting or indecent assaulting a woman with intent to remove her clothes and commit murder.
The court said the investigation was at a preliminary stage and fears of influencing witnesses or tampering with evidence could not be ruled out.
“Considering the charges levelled against the applicant (Kumar) at this stage, we do not find any basis for grant of bail,” it said while dismissing the bail petition.
The court noted that Maliwal had alleged that Kumar had “abuse[ed]and brutally assaulted her in vital parts including the chest, abdomen and pelvic area”, and said the contents of her complaint were supported by her statements before the MLC and the magistrate.
According to the Investigating Officer (IO), Kumar, who was not cooperating with the investigation, was arrested to prevent him from tampering with “vital evidence”.
“The victim is a sitting MP of the Aam Aadmi Party and as per her allegation, she was brutally assaulted and her integrity insulted by the applicant at the Chief Minister’s residence,” the court said.
He added that Kumar was present at the Chief Minister’s office despite being removed as personal secretary.
“The investigating agency has also submitted that the applicant has reset the mobile phone and did not provide the password to open the mobile phone. The CCTV footage collected from the Chief Minister’s camp office is said to be blank for the relevant time and period,” the court said.
Kumar is currently lodged in jail and will be produced before a magistrate court on Tuesday after completing his four-day judicial custody.
Kumar was arrested on May 18. The same day, a magistrate’s court ruled that his bail plea had been invalidated due to his arrest and sent him to five-day police custody.
Last Friday, he was sent to four-day judicial custody.
(This is an unedited article auto-generated from a syndicated news feed and LatestLY staff may not have altered or edited the content body)
Share now
