LexASHOK DHANKAD versus STATE OF NCT OF DELHI AND ANR.
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[2025] 8 S.C.R. 785 : 2025 INSC 974 Ashok Dhankad v. State of NCT of Delhi and Anr. (Criminal Appeal No. 3495 of 2025) 13 August 2025 [Sanjay Karol* and Prashant Kumar Mishra, JJ.] Issue for Consideration Issue arose as regards to the sustainability of the order passed by the High Court enlarging the accused on regular bail u/s.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Headnotes† Bharatiya Nagarik Suraksha Sanhita, 2023 – s.483 – Enlargement on regular bail – Sustainability – FIR registered against the accused and others under the provisions of IPC and the Arms Act, for abducting certain individuals, violently attacking them with dangerous weapons, and causing grievous injuries, resulting in the death of the complainant’s son – Accused was absconding, non-bailable warrants issued against him, and was later arrested – High Court granted regular bail to the accused whereas, the other accused persons remained in custody – Challenge to: Held: High Court erroneously passed an order releasing the accused on bail – While considerations such as the period of custody and testimonies of key prosecution witnesses having been recorded are relevant, the Court erred by inter alia, not considering the grievous nature of the crime, the possibility of influencing the trial by the accused and the conduct of the accused during investigation – After registration of the FIR against the accused, he remained absconded and evaded arrest, as such non-bailable warrants had to be issued against him and his associates, securing their custody, however his whereabouts remained unknown and consequently the police declared a cash reward for giving information about the accused – High Court ought to have taken this relevant fact into its deliberation, while adjudicating the entitlement of the accused for regular bail – This Court must also be cognizant of the seriousness of the allegations against the accused – Accused persons allegedly * Author 786 [2025] 8 S.C.R. Supreme Court Reports abducted certain individuals; violently attacked them with dangerous weapons; and caused grievous injuries, resulting in the unfortunate death of the complainant’s son – Also, loaded firearm recovered from the vehicle of these persons, other weapons stained in blood also recovered from the spot of the crime – Recording of the alleged incident-accused attacking the injured persons with deadly weapons, found in the phones of one of the co-accused persons – While the veracity of the said evidence is a matter of trial, but these allegations are shocking and serious in nature – This Court cannot lose sight of the influence an accused wields in society while considering the grant of bail – Accused is a celebrated wrestler and Olympian, who has represented the nation at the international level, and carries societal impact – In such circumstances, it cannot be said that he would have no domineering influence over witnesses or delay the proceedings of trial – Allegations of pressurizing witnesses made, before the order granting bail was passed – Thus, the impugned order cannot be sustained and is set aside – Penal Code, 1860 – ss.308, 325, 323, 341, 506, 188, 269, 34 – Arms Act, 1959 – ss.25, 54, 59. [Paras 20-27] Bail – Setting aside an order granting bail vis-à-vis cancellation of bail – Distinction between – Explained. [Paras 15-19] Case Law Cited Kalyan Chandra Sarkar v. Rajesh Ranjan (2005) 2 SCC 42; Jayaben v. Tejas Kanubhai Zala [2022] 1 SCR 18 : (2022) 3 SCC 230; Y v. State of Rajasthan [2022] 3 SCR 27 : (2022) 9 SCC 269; Meena Devi v. State of U.P [2022] 4 SCR 23 : (2022) 14 SCC 368; State of Rajasthan v. Indraj Singh Etc., 2025 SCC Online SC 518; Ajwar v. Waseem [2024] 5 SCR 575 : (2024) 10 SCC 768; Jaibunisha v. Meherban & Ors (2022) 5 SCC 465; Bhagwan Singh v. Dilip Kumar @ Deepu [2023] 11 SCR 469 : (2023) 13 SCC 549 – referred to. List of Acts Bharatiya Nagarik Suraksha Sanhita, 2023; Penal Code, 1860; Arms Act, 1959. List of Keywords Bail; Enlargment on regular bail; Abduction; Dangerous weapons; Grievous injuries; Mobile device; Injured persons; Deadly [2025] 8 S.C.R. 787 Ashok Dhankad v. State of NCT of Delhi and Anr. weapons; Abscond; Non-bailable warrants; Wrestler and Olympian; Represented the nation at the international level; Witnesses; Hostile; Setting aside an order granting bail; Cancellation of bail. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3495 o
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