The Delhi High Court has reiterated that anticipatory bail is an “exceptional power” to be exercised sparingly, as it denied relief to a man accused of assaulting his cousin in a property dispute.
Justice Ravinder Dudeja, in an order dated July 1, refused to grant anticipatory bail to Ashish Kumar, a resident of New Friends Colony, observing that his custodial interrogation was necessary for the recovery of the weapon allegedly used in the 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 stated. It further emphasised, “The law aides only those who abide by law.”
Kumar is accused of attacking his cousin during a confrontation over unauthorized construction on a disputed family property. The complaint alleges that Kumar objected to the building of a kitchen and assaulted his cousin during the altercation. The victim reportedly sustained injuries, which, while deemed simple, required hospital treatment.
The prosecution submitted that Kumar had not cooperated with the investigation and that non-bailable warrants (NBWs) had been issued against him. The court noted this lack of cooperation as a key factor in its decision.
In his defence, Kumar claimed he was falsely implicated and that the complainant provoked the incident by attacking his brother first. He also asserted that both he and his mother were injured during the scuffle but no cross FIR had been filed.
The court, however, found no merit in the anticipatory bail plea, noting that custodial interrogation was necessary and that the case did not meet the threshold for the exceptional relief.
