Ashok Dhankad vs State of NCT of Delhi 2025 INSC 974 - CrPC -Appeal Against Grant Of Bail

Code of Criminal Procedure 1973 - Section 439 - Appeal Against Grant Of Bail - (i) An appeal against grant of bail cannot be considered to be on the same footing as an application for cancellation of bail; (ii) The Court concerned must not venture into a threadbare analysis of the evidence adduced by prosecution. The merits of such evidence must not be adjudicated at the stage of bail; (iii) An order granting bail must reflect application of mind and assessment of the relevant factors for grant of bail that have been elucidated by this Court. (iv) An appeal against grant of bail may be entertained by a superior Court on grounds such as perversity; illegality; inconsistency with law; relevant factors not been taken into consideration including gravity of the offence and impact of the crime; (v) However, the Court may not take the conduct of an accused subsequent to the grant bail into consideration while considering an appeal against the grant of such bail. Such grounds must be taken in an application for cancellation of bail; and (vi) An appeal against grant of bail must not be allowed to be used as a retaliatory measure. Such an appeal must be confined only to the grounds discussed above.(Para 19)

Code of Criminal Procedure 1973 - Section 439 - Court cannot lose sight of the influence an accused wields in society while considering the grant of bail- While considerations such as the period of custody and testimonies of key prosecution witnesses having been recorded are relevant, the Court errored 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. (Para 20-24)

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