Bail granted in murder case based primarily on circumstantial evidence pending trial.

The applicant sought bail in a case registered under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023, arising from the death of the deceased, whose body was recovered from the Alaknanda River.

The prosecution relied principally on circumstantial evidence, including CCTV footage allegedly showing the applicant carrying a heavy bag and later wiping the hotel door and washing his car.

He also relied on the absence of specific allegations in the FIR, the assertedly incomplete circumstantial chain, his lack of criminal antecedents, the filing of the charge-sheet, and his custody since 30 April 2026.

The State opposed bail but did not dispute the applicant’s custody period or lack of prior criminal history.

1. Whether the applicant had made out a case for bail in light of the circumstantial nature of the prosecution evidence and the circumstances of his custody.

2. Whether the applicant’s release could be ordered subject to appropriate bond and surety conditions.

The alleged offences were registered under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.

The Court did not cite or expound any specific statutory bail provision, precedent, or detailed bail test; it assessed the application by reference to the material on record, the nature of the allegations, the circumstantial character of the evidence, the period of custody, the filing of the charge-sheet, and the applicant’s lack of criminal antecedents.

Without expressing any view on the merits, the Court considered that the prosecution case, as then disclosed, rested primarily on circumstantial evidence whose evidentiary value was for trial.

It also took account of the applicant’s custody since 30 April 2026, the filing of the charge-sheet, and his lack of prior criminal antecedents. On those circumstances, the Court found that bail was warranted.

The Court allowed the bail application and directed the applicant’s release on a personal bond and two reliable sureties, each for a like amount, to the satisfaction of the court concerned.