New Delhi: The Tis Hazari Court of Delhi on Saturday disposed of the anticipatory bail application of Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar as "infructuous" after his arrest.
After hearing the arguments while the court was dictating the order, it was informed that Bibhav has already been arrested by the police.
Additional Sessions Judge Sushil Anuj Tyagi disposed of the anticipatory bail as "infructuous."
After hearing the submissions of senior advocate N Hariharan, Advocate Rajiv Mohan and public prosecutor from 3.55 pm to 4.40 pm, the court reserved the order.
While the judge was dictating the order, another additional public prosecutor Atul Srivastava appeared through video conferencing (VC) and informed the court that Bibhav Kumar has already been arrested.
Advocate Rajiv Mohan who was present at the arrest di not inform the family and the advocate sitting at the police station. The time of arrest is also not known.
He also submitted that the copy of anticipatory bail was also served in advance to the police.
APP Atul Srivastava informed the court that Bibhav Kumar had been arrested at 4.15 pm. The arrest has been informed to Bibhav Kumar and his wife also.
Earlier, during arguments, the regular public prosecutor of the court had informed it that he had no information about the arrest of Bibhav Kumar.
During arguements, it was argued by the senior advocate N Hariharan that there is genuine apprehension of the arrest of Bibhav Kumar as he has been made to sit in the police station for the last 4 hours.
He sought interim protection from arrest as the manner it is taking place there is apprehension he may be arrested in this false case.
"We had this apprehension that as soon as it feels that the court is convinced and it reserves the order, Delhi Police can play a game. Delhi Police is not doing this on its own, it is doing this under political pressure. BJP is rattled, it feels that it is going to lose the general elections. This was a part of that conspiracy," Lawyer and Delhi State President AAP Legal Cell, Adv Sanjeev Nasair said.
It was further argued that there is a delay in the filing of the FIR. The alleged incident is on May 13, and the complaint was lodged after three days.
During the arguements, some videos were also played in the court. It was submitted that there was a security breach by the complainant.
The senior advocate also read the security breach report by the security personnel at the Chief Minister's residence. She was stopped by the security staff as there was no appointment or message from the CM residence to allow her into the residence. Despite, this she entered in the CM's residence and in the drawing room.
She wanted to meet Bibhav Kumar. She was informed that he was not there, Senior advocate referred to the report of the security officer. She was escorted by the security staff outside the CM residence.
Senior advocate also submitted that how it is possible for any person to say and act what has been alleged by the complainant at CM residence where the security was deployed.
It was also submitted that there is no case made out against Bibhav Kumar.
—ANI