Anticipatory bail should be granted in exceptional cases, says High Court

The Delhi High Court has reiterated that the power to grant anticipatory bail is an “exceptional” measure, not to be exercised as a matter of routine.

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Justice Ravinder Dudeja made the observation while rejecting the anticipatory bail plea of Ashish Kumar, a resident of New Friends Colony, who is accused of assaulting his cousin during a property dispute.

In an order passed on July 1, the court noted that Kumar was needed for custodial interrogation and for recovery of the weapon allegedly used in the assault. “The power of grant of anticipatory bail is an exceptional power and should be exercised only in exceptional cases,” the judge said, adding that “the law aides only those who abide by law.”

Kumar’s application claimed he had been falsely implicated due to an ongoing property dispute and alleged provocation by the complainant, who was allegedly carrying out illegal construction on the disputed property. It also stated that Kumar and his mother sustained injuries during the altercation, though no cross-FIR was filed.

The prosecution, however, submitted that the complainant had suffered injuries and that Kumar had failed to join the investigation, prompting the issuance of non-bailable warrants. While acknowledging that the complainant’s injuries were simple and he had been discharged from hospital, the judge emphasised the need for custodial interrogation in the interest of justice.