Salil Mahajan v. Avinash Kumar 2025 INSC 1396- CrPC - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 - The possibility of the accused to influence prosecution witnesses, threatening the family members of the deceased, fleeing from justice or creating other impediments in the fair investigation, ought not to be overlooked (Para 8) [Context: Supreme Court set asidePunjab & Haryana High Court’s order granting anticipatory bail to accused: There is no reference as to why his alleged conduct of being on the run ought to be ignored. In our view, the Court erred by not taking this relevant status report into consideration. Such failure cannot be sustained ]

Bail - an appeal against the grant of bail and an application seeking cancellation of bail are on different footing. The grounds for testing the legality of an order granting bail discussed. (Para 7-8)

Case Info

  • Case name: Salil Mahajan v. Avinash Kumar & Anr.
  • Neutral citation: 2025 INSC 1396
  • Coram: Justice Sanjay Karol; Justice Prashant Kumar Mishra
  • Judgment date: December 08, 2025

Caselaws and citations

  • Ashok Dhankad v. State (NCT of Delhi), 2025 SCC OnLine SC 1690
  • Referenced authorities within the summary: Y v. State of Rajasthan; Jaibunisha v. Meherban; Bhagwan Singh v. Dilip Kumar @ Deepu (titles mentioned; specific citations not provided in the text)

Statutes / laws referred

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482
  • Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61(2)