Delhi HC refuses bail to wrestler Sushil Kumar in Chhatrasal Stadium murder case

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Kumar was arrested in May 2021 and a sessions court granted him a week's interim bail for his knee surgery on July 19, 2023. (File)Olympian Sushil Kumar got no respite in the alleged murder case of former junior national wrestling champion Sagar Dhankar as the Delhi High Court refused to grant him bail on Tuesday. Dhankar was beaten to death in a clash involving two groups at the stadium on May 4, 2021.Sushil’s name cropped up when a video of the incident purportedly featuring him came to light. He was arrested after a lookout notice was issued for him as he was on the run. Kumar was arrested in May 2021 and a sessions court granted him a week’s interim bail for his knee surgery on July 19, 2023.On Tuesday, Justice Purushaindra Kumar dismissed the celebrated wrestler’s bail application on August 6, citing concerns over influencing witnesses raised by the Supreme Court when it cancelled his earlier bail, his conduct prior to arrest, the gravity of the offence and his capacity to influence the ongoing trial’s outcome.The judge emphasised that while bail is ordinarily the rule and jail the exception, the offence in the present case was a “premeditated and gruesome assault resulting in death”, which is corroborated by recovery of a firearm, video evidence and a large body of material yet to be tested at trial.Seeking relief, the counsel for the accused alleged that the deceased’s father, whose complaint led to the earlier cancellation of bail, has not supported the prosecution’s case in the trial.It was therefore contended that the “change in circumstances”, along with the fact that Kumar had been in custody for over five years and only formal and official witnesses were left to be examined, entitled him to regular bail. Delhi Police and Dhankar’s father opposed the bail application.Also Read | Tihar jail allows Olympic medallist Sushil Kumar a TV to watch Tokyo OlympicsThe court noted that the characterisation of Dhankar’s father’s testimony as unsupportive of the prosecution was disputed. It further said that the Supreme Court, while cancelling the earlier bail, proceeded on the finding that Kumar had a considerable societal standing and influence and witnesses turned hostile every time he was extended temporary liberty.Story continues below this ad“Whether the deposition of Ashok Dhankad (deceased’s father) does or does not support the prosecution is, moreover, a matter of appreciation of evidence that must await the outcome by the trial court. It cannot be treated as a change in circumstances sufficient to unlock the door that the Supreme Court closed,” the court said.“In these circumstances, this court is not persuaded that the petitioner has made out a case either for a genuine change in circumstances within the meaning of the liberty reserved by the Supreme Court, or, independently, for the grant of regular bail,” it concluded.(With agency inputs)