SC sets aside order granting bail to Olympian Sushil Kumar, directs him to surrender

As per the prosecution, Kumar and associates allegedly abducted Dhankar and few others on the intervening night of May 4 and 5, 2021, and took them to the Chhatrasal Stadium, and allegedly attacked with wooden lathis and sticks, causing grievous injuries. The accused allegedly also fired gunshots. Sagar later succumbed to his injuries. His postmortem cited the cause of death as “cerebral damage as a result of blunt force/object impact. All injuries are ante-mortem in nature”.

In October 2022, the sessions court framed murder charges against Kumar and 17 others.

The top court noted that “it is a matter of record that after registration of the subject FIR, inter alia against the accused, he remained absconding and evaded arrest” and this led to non-bailable warrants being issued against him and associates.

“On May 18, 2021…the Delhi Police declared a cash reward for giving information about the accused,” the SC said, adding that though this was brought to the notice of HC, they “did not form part of the consideration of the order releasing him on bail”.

The SC said it “must also be cognizant of the seriousness of the allegations against the accused. As per the allegations in the FIR, the national capital was made into a criminal playground to settle scores, with no regard for the law of the land. The accused persons allegedly abducted certain individuals; violently attacked them with dangerous weapons; and caused grievous injuries. The injuries were of such nature that they resulted in the unfortunate death of the complainant’s son”.

The bench also pointed out that from the FIR, “it is also borne that a loaded firearm was recovered from the vehicle of these persons. Other weapons stained in blood were also recovered from the spot of the crime. Moreover, it cannot be disputed that the recording of the alleged incident was found in the phones of one of the co-accused persons. While the veracity of the above evidence is a matter of trial, there can be no doubt that these allegations are shocking and serious in nature”.

The top court also said that it “cannot lose sight of the influence an accused wields in society while considering the grant of bail”. The SC said that “noticeably, out of 35 witnesses examined, 28 have turned hostile.”

Setting aside the HC order, it said “it shall be open for the accused to apply afresh for bail, with a change in circumstances, before the appropriate court, to be decided on its own merits.”