Swati Maliwal assault case: Court allows Kejiwal's aide Bibhav Kumar to travel to Sri Lanka

New Delhi: A Delhi court has allowed permission to former chief minister Arvind Kejriwal's aide Bibhav Kumar, who is accused of assaulting AAP Rajya Sabha MP Swati Maliwal, to travel abroad for a family vacation, saying he is not at flight risk.

Additional Sessions Judge Bhupinder Singh, who was hearing the plea of Kumar for permission to travel to Sri Lanka from August 13-22, observed that the "accused has not only the right but also duty towards his family for taking them for a family vacation".

In the order dated July 7, the court said, "No such conduct of the accused has been brought to the notice of the court, since he was released on bail that may dissuade this court to consider the prayer made by the accused to travel abroad." It said that Kumar was earlier provided a no-objection certificate to renew his passport, and the prosecution did not challenge the order, nor did it state that he was at flight risk.

"Accused has not only the right but also duty towards his family for taking them for a family vacation. There may not be necessary/ emergency requirement, as has been contended in the reply filed by the additional deputy commissioner of police, North (district)," the judge said.

"I find no reasons as to why the application should not be allowed, more so, when the next date of hearing is much later than the intended dates of travel," he added.

The judge imposed some conditions, including a fixed deposit receipt (FDR) of Rs five lakh and informing the court about his arrival in India within 72 hours, besides no extension for his stay abroad would be allowed.

Kumar allegedly assaulted Maliwal, a Rajya Sabha MP, on May 13 last year at Kejriwal’s then official residence.

An FIR was registered against Kumar on May 16 last year under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide. He was arrested on May 18.

He was granted bail by the Supreme Court in September last year.