Criminal Law : Factors for Cancellation of Bail Explained by Supreme Court

Criminal Law : Factors for Cancellation of Bail Explained by Supreme Court

In a recent decision [Ashok Dhankar v. State of NCTD [2025] GCtR 1416 (SC)], the bail granted to a wrestler [who was given awards during UPA Rule] has been cancelled. 

An order granting bail can be tested on illegality, perversity, arbitrariness and being based on unjustified material.  An application for cancellation of bail looks at whether supervening circumstances have occurred warranting cancellation. 

If in a case, the relevant factors which should have been taken into consideration while dealing with the application for bail have not been taken note of, or bail is founded on irrelevant considerations, indisputably the superior court can set aside the order of such a grant of bail.  However, an unreasoned or perverse order of bail is always open to interference by the superior court. If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the bail. Bail can also be revoked by a superior court if it transpires that the courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order.

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.