Bail granted to accused in circumstantial murder case after investigation concluded, with no criminal antecedents.

The petitioners, accused Nos. 1, 3 and 4, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from the murder of Obanna.

The FIR was initially registered against unknown persons under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that, after accused No. 5 disconnected the electricity supply at the brick unit where Obanna was working, the petitioners caught hold of him and a juvenile accused strangled him with a towel.

The case was based on circumstantial evidence; investigation was complete, the petitioners had no criminal antecedents, and their bail application before the Trial Court had been rejected.

Accused No. 5 had previously been granted bail by the High Court.

1. Whether the petitioners should be enlarged on regular bail while facing trial for offences under Sections 103(1), 238 and 190 of the BNS, 2023.

2. Whether the completion of the investigation, the circumstantial nature of the prosecution case, the petitioners’ lack of criminal antecedents, and the grant of bail to a co-accused supported their release on bail.

Section 483 of the BNSS, 2023, provides the basis for the High Court’s exercise of jurisdiction to grant regular bail.

The petitioners were charged under Sections 103(1), 238 and 190 of the BNS, 2023.

The Court applied no cited precedent or separately articulated test; its decision rested on the circumstances it identified, including the circumstantial nature of the case, completion of the investigation, absence of criminal antecedents, and the prior grant of bail to a co-accused.

The Court noted that the prosecution case against the petitioners was that they had restrained Obanna before the juvenile accused strangled him, and that the case rested entirely on circumstantial evidence.

It also considered that the investigation had concluded, the petitioners had no criminal antecedents, and accused No. 5 had already been granted bail in the same case.

On those circumstances, the Court found it appropriate to grant bail, subject to conditions.

Each petitioner shall execute a personal bond of ₹1,00,000 with two sureties for the like sum, attend trial, not threaten or tamper with witnesses, not commit similar offences, and not leave the Trial Court’s jurisdiction without permission.