Published on: May 19, 2024 11:08 IST
Tis Hazari Court of Delhi on Saturday disposed of the anticipatory bail application of Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal, as “infructuous” following his arrest. During the hearing, while the court was dictating the order, it was informed that Kumar had already been arrested.
Additional Sessions Judge Sushil Anuj Tyagi presided over the hearing, which included submissions from senior advocate N Hariharan, Advocate Rajiv Mohan, and the public prosecutor. The court reserved its order after hearing arguments from 3:55 pm to 4:40 pm. While dictating the order, Additional Public Prosecutor Atul Srivastava appeared via video conferencing and informed the court of Kumar’s arrest.
Advocate Rajiv Mohan, who was present at the time of the arrest, did not inform Kumar’s family or the advocate sitting at the police station. The exact time of the arrest was not initially known, but Srivastava later informed the court that Kumar was arrested at 4:15 pm and that both Kumar and his wife had been notified of the arrest.
During the arguments, it was highlighted by senior advocate N Hariharan that there was a genuine apprehension of Kumar’s arrest, as he had been held at the police station for four hours. Hariharan sought interim protection from arrest, alleging that the police were acting under political pressure. Advocate Sanjeev Nasair, Delhi State President of the AAP Legal Cell, echoed these concerns, suggesting that the police were influenced by political motives and under pressure from the BJP.
It was also argued that there was a delay in filing the FIR, with the alleged incident occurring on May 13 and the complaint being lodged three days later. Videos were played in court to support the argument that there was a security breach by the complainant at the Chief Minister’s residence. The complainant had entered the CM’s residence without an appointment and was escorted out by security personnel. Senior advocate N Hariharan contended that it was unlikely for Kumar to have committed the acts alleged by the complainant, given the security measures in place at the CM’s residence.
The court concluded that the anticipatory bail application was rendered moot due to Kumar’s arrest and disposed of the matter accordingly.