Anticipatory Bail Is An 'Exceptional Power', Not To Be Used As Routine, Says Delhi HC

Last Updated:July 07, 2025, 21:50 IST

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

A view of Delhi High Court building in New Delhi. (PTI file photo)

The Delhi High Court has observed that the power to grant anticipatory bail is an “exceptional" one and must only be used in rare and deserving cases, not as a matter of routine.

Justice Ravinder Dudeja made the remarks 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.

“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," Justice Dudeja said in his order dated July 1.

The court said Kumar’s custodial interrogation was necessary for recovering the alleged weapon used in the offence. It also noted that non-bailable warrants had already been issued against him.

The prosecution’s report confirmed that the complainant sustained injuries in the incident, though they were later deemed to be simple in nature.

“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 court stated.

The judge added, “The law aides only those who abide by law."

In his defence, Kumar claimed he was falsely implicated due to a long-standing property dispute between the two families. He alleged the complainant was illegally constructing a kitchen on the disputed property without permission, and when he objected, the complainant assaulted his brother.

Kumar also submitted that both he and his mother were injured during the altercation, but no cross-FIR had been registered.

However, the court was not convinced by his version and said the circumstances did not warrant anticipatory bail.

(With inputs from PTI)

News Desk

The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d...Read More

The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d...

Read More

Location :

First Published:

News india Anticipatory Bail Is An 'Exceptional Power', Not To Be Used As Routine, Says Delhi HC