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Akshay Kumar vs. The State (NCT of Delhi) & Anr.

Bail Application · 2026:DHC:8172Decided 22 Sept 2026New Delhi Bench
BAIL APPLN. 1680/2026CNR: DLHC010187772026
Justice Sachin Datta

Background

Akshay Kumar had been in custody since January 2021, accused (along with three co-accused) of causing fatal injuries to one Rahul in Jahangirpuri, Delhi, an incident allegedly captured on CCTV. He had been charged under Section 302/34 IPC (murder with common intention), and an earlier bail application had been dismissed in mid-2025. He filed a fresh application citing a change in circumstances since then.

Decision Breakdown

The Court noted that since the last bail rejection, the key eyewitness (the complainant) had been cross-examined and stated he had not been shown the CCTV footage and could not identify the applicant, and that most other witnesses had also since been examined, leaving only formal/official witnesses to be recorded. Because the risk that the applicant could influence witnesses had substantially reduced, and given his prolonged custody of nearly 5 years and 8 months with no certainty about when the trial would conclude, the Court found a genuine "change in circumstances" justifying bail, and released him on conditions (bond, passport deposit, restrictions on leaving Delhi, etc.), clarifying this was not a comment on the merits of the case.

Lesson Learnt

Even where an earlier bail application was rejected, an undertrial can seek bail again if there has been a genuine change in circumstances, such as key witnesses having since been examined and the risk of tampering with evidence having reduced, especially where custody has already been extremely prolonged.

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