Anticipatory bail should be granted in exceptional cases: Delhi HC

The power to grant anticipatory bail is an exceptional power and should be exercised only in exceptional cases, the Delhi High Court has said.

Justice Ravinder Dudeja made the observation while denying the anticipatory bail to Ashish Kumar, a New Friends Colony resident accused of assaulting his cousin in a property dispute matter, saying “the law aides only those who abide by law”.

The Judge said he was required for the purpose of custodial interrogation and for the recovery of weapon of 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 Judge said in an order passed on July 1.

The application claimed that Mr. Kumar was falsely implicated in the case due to prior property dispute between his and the complainant’s family, noting that the applicant had not joined the investigation and NBWs (non-bailable warrants) have since been issued against him.

The Judge noted the status report filed by prosecution in the case revealed that the complainant had suffered injuries.

“No doubt, injured has since been discharged from hospital and injuries have been opined to be simple in nature, but applicant is required for the purpose of custodial interrogation for the recovery of weapon of offence.The law aides only those who abide by law,” the Judge said.

The application claimed the incident was the result of provocation by the complainant, who was illegally constructing a kitchen on the disputed property without any authorisation or consent and when the applicant objected, the complainant assaulted the applicant’s brother.

It further submitted that applicant himself and his mother suffered injuries in the incident, but no cross FIR has been registered against the complainant.