The Supreme Court reiterated that bail grant requires a balanced assessment of the nature and gravity of the offence, the prima facie case, and the accused’s potential to influence the trial or evade justice. It set aside the High Court’s bail order for failing to consider these established parameters, particularly the accused’s conduct and the crime’s seriousness.
Facts Of The Case:
The case stems from an FIR registered concerning a violent incident on the intervening night of May 4-5, 2021. The accused, Sushil Kumar, and his associates were alleged to have abducted several individuals from different locations in Delhi and taken them to Chhatrasal Stadium. There, they were violently attacked with wooden sticks and lathis, and gunshots were allegedly fired. One of the abducted individuals, Mr. Sagar, succumbed to his cerebral injuries in the hospital, leading to an additional charge of murder. During the investigation, the accused was found to be absconding, resulting in the issuance of non-bailable warrants and a declared cash reward for information leading to his arrest, which eventually occurred on May 23, 2021. A key piece of evidence was a video of the incident recovered from a co-accused’s mobile phone, which a forensic report stated showed no signs of tampering. The Delhi High Court later granted regular bail to the accused, a decision which was challenged by the complainant and the state in the Supreme Court, leading to the present appeal and the eventual overturning of the bail order.
Procedural History:
The procedural history began with the registration of FIR No. 218/2021 for various offences, including murder, after which the accused was arrested on May 23, 2021, and remained in custody. The trial court commenced proceedings, framing charges and examining 35 out of 189 witnesses. The accused subsequently filed Bail Application No. 2654/2024 before the High Court of Delhi at New Delhi. The High Court, vide its order dated March 4, 2025, granted regular bail to the accused. The complainant, aggrieved by this bail order, then filed a Special Leave Petition (Crl.) No. 5370 of 2025 before the Supreme Court of India. The Supreme Court granted leave to appeal, heard the matter as Criminal Appeal No. 3495 of 2025, and in its judgment dated August 13, 2025, allowed the appeal, setting aside the High Court’s bail order and directing the accused to surrender.
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Court Observation:
In its observations, the Supreme Court emphasized that the grant of bail necessitates a delicate balance between the accused’s right to liberty and the necessity to consider the gravity of the offence, the prima facie case, and the potential for influencing the trial. The Court found the High Court’s bail order erroneous for its failure to consider several critical factors: the grievous and shocking nature of the crime involving abduction, violent attack, and murder; the conduct of the accused who absconded post-registration of the FIR, evading arrest until a cash reward was announced; and his potential to wield domineering influence over witnesses, evidenced by a pattern of witnesses turning hostile during his previous temporary releases. The Court clarified that these observations were strictly for evaluating the bail order and should not prejudice the ongoing trial on its merits.
Final Decision & Judgement:
The Supreme Court allowed the appeal, setting aside the impugned order of the Delhi High Court that had granted regular bail to the accused, Sushil Kumar. The Court directed the accused to surrender before the concerned court within one week. However, it clarified that this decision was based solely on the erroneous assessment in the bail order and should not be construed as remarks on the main case’s merits. The Court expressly stated that it remained open for the accused to file a fresh bail application before the appropriate court, which would be decided on its own merits based on any change in circumstances.
Case Details:
Case Title: Ashok Dhankad vs. State of NCT of Delhi and Anr. Citation: 2025 INSC 974 Criminal Appeal No: Criminal Appeal No. 3495 of 2025 Date of Judgement: August 13, 2025 Judges/Justice Name: Justice Sanjay Karol and Justice Prashant Kumar Mishra