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Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar, accused of assaulting Aam Aadmi Party MP Swati Maliwal, has been denied bail by a city court. The order came after Ms Maliwal broke down in court and alleged that his bail would place her and her family in danger.
In its judgment, the court said, "The allegations raised by the victim have to be taken at face value and cannot be swiped away".
There is no evidence that Ms Maliwal's actions were pre-meditated, as argued by the accused. If it was, there would not have been a four-day delay in filing the complaint with the police. It would have been done the same day. That she was assaulted has been borne out by medical examination, the judge said.
Given the investigation is at a nascent stage, the possibility of evidence tampering or witness influencing remains and so, bail cannot be granted at this stage, the court said.
Ms Maliwal -- whom AAP has accused of being part of a BJP conspiracy to malign Mr Kejriwal -- had told the court that with the party siding with the accused, there was a threat to her life if Bibhav Kumar is released.
She also told the court that a video by a YouTuber has already made her a target on social media and she has been receiving rape threats since.
Ms Maliwal, a member of Rajya Sabha and former chief of Delhi Women's Commission, has alleged that Bibhav Kumar assaulted her at the Chief Minister's residence on May 13. She said she was waiting to meet the Chief Minister inside the house, when Bibhav Kumar came and attacked her. He rained blows and kicks on her and had even tried to tear off her shirt, she alleged.
Mr Kejriwal's aide has accused Ms Mailwal of attempting to barge into the Chief Minister's residence and said he had just tried to stop her.
During today's arguments, his counsel also questioned the delay in filing the police complaint, tagging it an "afterthought".
He also questioned the police contention that an attempt was made to disrobe a woman. "There was no intent to disrobe her. The only intent was to prevent her from entering the CM's residence… All that can be seen is that during the scuffle, her shirt was torn. It is an incidental situation," he had told the court.
A couple of videos from the Chief Minister's residence that surfaced on social media, showed Ms Maliwal having an argument with the security personnel.
AAP, which earlier said Bibhav Kumar "misbehaved" with Ms Maliwal and will face action, has now accused her of being part of a BJP conspiracy against Mr Kejriwal. The party said in a statement today that Bibhav Kumar will challenge the bail refusal in High Court.
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