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Ashok Dhankad v. State (NCT of Delhi) and Another

Criminal Appeal · 2025 INSC 974Decided 13 Aug 2025
Criminal Appeal No. 3495 of 2025 (arising out of SLP (Crl.) No. 5370 of 2025)
Justice Sanjay Karol · Justice Prashant Kumar Mishra

Background

On the night of 4-5 May 2021, the accused (Respondent No. 2) and his associates allegedly abducted five men from two locations in Delhi, took them to Chhatrasal Stadium, and attacked them with wooden lathis, sticks, and gunfire over personal enmity; one victim, Sagar, died of his injuries. Investigation recovered a blood-stained cloth from the accused's vehicle, a loaded gun and live cartridges from an associate's vehicle, and a mobile phone video (forensically confirmed as unedited) allegedly showing the accused attacking the victims. The accused, a well-known Olympic wrestler, evaded arrest for months before surrendering, and the Delhi High Court later granted him regular bail; the complainant appealed that bail order to the Supreme Court.

Decision Breakdown

The Supreme Court reiterated that bail decisions require balancing personal liberty against the gravity of the offence, the strength of the prima facie case, and the risk of the accused influencing witnesses or the trial. It found the allegations "shocking and serious," and noted that the accused's celebrity status as an Olympian gave him real potential to dominate or intimidate witnesses. The Court pointed to a troubling pattern: every time the accused was granted temporary bail on five separate occasions, witnesses subsequently turned hostile (of 35 witnesses examined at trial, 28 had turned hostile) which, while not conclusively proven to be his doing, underscored a real risk of trial interference. Concluding the High Court's bail order could not be sustained, the Supreme Court set it aside, directed the accused to surrender within a week, while clarifying it expressed no view on the merits of the main trial and leaving him free to apply for bail afresh if circumstances changed.

Lesson Learnt

A bail order can be cancelled where the accused's social standing or influence creates a realistic risk of witnesses being pressured. Courts will look at real-world patterns, like witnesses repeatedly turning hostile after previous releases, and not treat bail as a right divorced from its practical effect on a fair trial.

Official source (sci.gov.in)View Judgment (PDF)

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