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The Delhi High Court has refused to grant regular bail to Sushil Kumar in a case arising from the 2021 Chhatrasal Stadium incident, holding that the circumstances which had earlier weighed with the Supreme Court against his release had not materially changed.
Justice Purushaindra Kumar Kaurav passed the order on August 6, 2026, dismissing the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), corresponding to Section 439 of the Code of Criminal Procedure (CrPC).
Background Of The Case
The prosecution case relates to the intervening night of May 4-5, 2021, when police received information about gunfire inside Chhatrasal Stadium in Delhi. According to the case records, several persons had been brought to the stadium after allegedly being abducted from Shalimar Bagh and Model Town and were assaulted there. One of the injured persons, Sagar Dhankhad, later died during treatment.
A chargesheet and supplementary chargesheet were subsequently filed against 23 accused persons. Charges were framed in October 2022, while the trial is still underway. The prosecution has cited 222 witnesses, of whom 48 had been examined as per the latest trial court report.
The Supreme Court had earlier set aside an order granting bail to Kumar and directed him to surrender. However, it had left liberty to seek bail afresh if there was a change in circumstances. Kumar subsequently moved a fresh bail application, which was rejected by the Trial Court in February 2026.
Court's Observation
Before the High Court, Kumar argued that the circumstances had changed because injured and public witnesses had already been examined and, according to his counsel, had not supported the prosecution case or attributed a specific role to him. His counsel also relied on the examination of the deceased's father, Ashok Dhankad.
The State and the deceased's father opposed the plea, disputing the interpretation of the evidence. They argued that the concerns earlier noted by the Supreme Court, including the possibility of influencing witnesses, continued to remain relevant.
The High Court observed that the Supreme Court's earlier decision was not based merely on the fact that certain witnesses were yet to be examined. It had also considered Kumar's alleged conduct, the nature of the allegations and the possibility of interference with the trial.
“The circumstance now projected does not meet the threshold,” the Court observed, adding that whether Ashok Dhankad's testimony supports the prosecution is a matter for the Trial Court to assess at the appropriate stage.
The Court further noted that only 48 of the 222 witnesses had been examined and that the concerns identified by the Supreme Court had not been shown to have materially altered.
Decision
Justice Purushaindra Kumar Kaurav held that Kumar had not demonstrated a genuine change in circumstances sufficient to reconsider the earlier position. The Court also found no independent basis for granting regular bail.
Accordingly, the High Court dismissed the bail application, while clarifying that its observations were limited to the bail proceedings and would not affect the Trial Court's final determination on the merits of the case.
Case Details
Case Title: Sushil Kumar v. The State Govt. of NCT of Delhi
Case Number: Bail Appln. 744/2026; CNR No. DLHC010065112026
Judge: Justice Purushaindra Kumar Kaurav
Decision Date: August 6, 2026
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