The Delhi High Court has held that anticipatory bail is an “exceptional power” to be exercised sparingly and only in deserving cases, refusing to grant anticipatory bail to a man accused of assaulting his cousin amid a property dispute. Justice Ravinder Dudeja, in an order, declined the anticipatory bail plea filed by Ashish Kumar, a resident of New Friends Colony, citing the necessity of custodial interrogation for the recovery of the weapon allegedly used in the incident.
The applicant, Ashish Kumar, is facing allegations of assaulting his cousin during a dispute arising out of the construction of a kitchen on a contested property. An FIR was registered based on the complaint, and during the course of the investigation, non-bailable warrants were issued against him. The complainant was reportedly injured in the altercation, though the injuries were later categorized as simple.
He sought anticipatory bail on the ground that he had been falsely implicated due to a protracted property disagreement between the families. It was submitted that the complainant was illegally raising a kitchen structure on the disputed property and allegedly assaulted the applicant’s brother when objections were raised. He also contended that he and his mother sustained injuries in the scuffle, yet no cross-FIR had been registered.
Declining to accept the applicant’s version, the Court held that the facts and circumstances of the case did not justify the exercise of discretion in favour of granting anticipatory bail. Justice Ravinder Dudeja noted that “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 further emphasized the need for custodial interrogation, stating, “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.”
Commenting on the conduct of the applicant, the Court added, “The law aides only those who abide by law.”
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