Absence of a DNA match does not justify bail when other evidence prima facie links the accused to murder.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for offences under Sections 103(1), 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023

The prosecution alleged that the applicant and co-accused Dhalendra took the deceased, Praveen, to Kharga Talab, where the deceased was assaulted and drowned; the body was later recovered from the pond following Dhalendra’s disclosure

The applicant argued that his implication rested on the co-accused’s statement, that no incriminating article was recovered at his instance, and that the forensic evidence did not establish a DNA match

The State relied, among other things, on seizure of the motorcycle allegedly used to transport the deceased and CCTV footage collected during investigation

Whether the applicant should be granted regular bail under Section 483 of the BNSS in light of the allegations and material collected during investigation

Whether the absence of a DNA match and the applicant’s objections to the evidence justified bail at this stage

Section 483 of the BNSS provides the basis for the application for regular bail

The Court stated that, at the bail stage, its role is confined to verifying whether a prima facie case exists

The alleged offences were under Sections 103(1), 3(5) and 238 of the BNS

The Court found specific allegations of the applicant’s participation in the murder and considered the seized motorcycle, CCTV footage and recovery of the deceased’s body following the co-accused’s disclosure as material relevant to the prima facie assessment

It held that the FSL report’s failure to establish a DNA match could not be considered in isolation and that the evidentiary value of the report was for the trial court to assess

On the material before it, the Court was not inclined to grant bail

The absence of a DNA match did not, at this stage, outweigh the other material relied upon in support of the prosecution case