Anticipatory bail should be granted in exceptional cases: Delhi HC

The Delhi High Court has reiterated that anticipatory bail is an extraordinary legal remedy, not to be granted routinely, while rejecting a plea filed by a man accused of assault in a property dispute.

Justice Ravinder Dudeja denied anticipatory bail to Ashish Kumar, a resident of New Friends Colony, who is facing allegations of assaulting his cousin over a property-related altercation. In an order dated July 1, the judge said the accused was required for custodial interrogation and the recovery of the weapon used in the alleged offence.

“The power of grant of anticipatory bail is an exceptional power and should be exercised only in exceptional cases and not as a matter of course,” the court observed.

The prosecution’s status report revealed that the complainant had sustained injuries during the incident. Although the injuries were later deemed to be simple and the complainant discharged from hospital, the court maintained that custodial interrogation was necessary in the interest of the investigation.

“The law aides only those who abide by law,” Justice Dudeja said.

Kumar’s application contended that he had been falsely implicated due to an ongoing property dispute between his family and the complainant’s. It also noted that he had not cooperated with the investigation, resulting in non-bailable warrants being issued against him.

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The defence alleged that the confrontation was triggered by the complainant, who was unlawfully constructing a kitchen on the disputed property. When Kumar raised objections, the complainant allegedly assaulted his brother. The applicant further claimed that both he and his mother sustained injuries in the altercation, though no cross-FIR had been filed.

Despite these claims, the court held that the circumstances did not merit anticipatory bail.