Anticipatory bail should be granted only in exceptional cases, says Delhi HC

New Delhi: The Delhi High Court has observed that the power to grant anticipatory bail is an exceptional one and should be exercised only in rare circumstances.

The remark was made by Justice Ravinder Dudeja while denying anticipatory bail to Ashish Kumar, a resident of New Friends Colony, who is accused of assaulting his cousin in a property dispute.

"The power of granting anticipatory bail is an exceptional power and should be exercised only in exceptional cases and not as a matter of course," the judge stated in the July 1 order. He noted that the accused was required for custodial interrogation and recovery of the weapon of offence.

The court emphasised that "the law aids only those who abide by law" while considering Kumar’s alleged involvement. The prosecution’s status report indicated the complainant sustained injuries, though later discharged from hospital and declared to have suffered simple injuries.

Kumar’s bail plea asserted he was falsely implicated due to an ongoing property dispute between the two families. It was noted that he had not joined the investigation and non-bailable warrants (NBWs) had been issued against him.

The application further claimed that the incident stemmed from provocation by the complainant, who was allegedly constructing a kitchen on the disputed property without proper authorisation. When Kumar objected, the complainant reportedly assaulted his brother. The plea also stated that Kumar and his mother suffered injuries in the incident, although no cross FIR had been registered against the complainant.

(inputs from PTI)