Court Denies Bail to Chief Minister's Secretary Accused of Assault.
12 July 2024
Bail and Antcipatory Bail >> Criminal Law | FIR >> Criminal Law | Sexual Assault >> Workplace/ Professional Related
In a significant legal development, the Delhi High Court has denied bail to Bibhav Kumar, the Personal Secretary to the Chief Minister of Delhi, who stands accused in a case of alleged assault against a sitting Member of Parliament. The decision came after a detailed hearing on an application filed under Section 439 of the Code of Criminal Procedure, seeking Kumar's release from custody.
The case stems from an incident on May 13, 2024, when the complainant visited the Chief Minister's residence in Civil Lines, Delhi. According to her statement, she was assaulted by Kumar without provocation in the drawing room of the residence. The complainant reported the incident to the police three days later, citing trauma and media attention as reasons for the delay in filing the First Information Report (FIR).
During the proceedings, Kumar's defense argued vehemently against the charges, claiming they were fabricated and lacked any motive. They contended that the injuries alleged by the complainant were minor, questioning the applicability of the serious charges under IPC Section 308 (attempt to commit culpable homicide).
On the contrary, the State vehemently opposed Kumar's bail, highlighting concerns over potential evidence tampering and witness influence. They pointed to discrepancies in the CCTV footage provided to the investigating authorities and alleged that Kumar had formatted his mobile phone to destroy potentially incriminating evidence. Furthermore, they emphasized Kumar's influential position within the Chief Minister's office, suggesting a risk of misuse of power if he were to be released on bail.
The complainant, who appeared in person, reiterated the severity of the assault and expressed fears for her safety, citing threatening messages received post-incident and media harassment.
In delivering its decision, the court acknowledged the gravity of the accusations and the prima facie case against Kumar, noting the serious nature of the charges brought under IPC Section 308. The delay in filing the FIR was deemed understandable given the circumstances surrounding the incident.
The court also expressed concerns over potential witness tampering and the suppression of crucial evidence, including selective handling of CCTV footage and the formatting of Kumar's mobile phone before it was seized by authorities.
Ultimately, considering the nature of the allegations, the potential for influence on witnesses, and the risk of justice being thwarted, the court dismissed Kumar's bail application. The decision underscores that it does not prejudge the merits of the case but reflects the compelling reasons presented during the bail hearing.