Delhi District Court (Rohini): While dismissing the application and refusing to grant anticipatory bail to wrestler Sushil Kumar, the court said that the accused is the main conspirator on the basis of records of investigation so far and FIR is not an encyclopedia.
The Court cited the observation of Supreme Court in Sushila Aggarwal v. State (NCT) of Delhi, (2020) 5 SCC 1, in which it was said that “whether to grant an anticipatory bail or reject the same is a matter of discretion of the court and it is for the court to decide on the basis of facts and circumstances of the case.” The court also noted that there is no formula which has been laid down by five judges bench of Supreme Court regarding denial and grant of anticipatory bail but the discretion must be used by the court judiciously.
Dismissing the anticipatory bail plea, the Court considered the severity of the case as per the allegations against the accused and stated that the case is at the stage anticipatory bail and therefore, giving any observation may prejudice the parties and vice versa. [State v. Sushil Kumar, Bail Application No. 1560/2021, order dated May 18, 2021]
