Bail Granted where Circumstantial Chain Is Weakened by Lack of Scientific Corroboration and Forensic Evidence

The applicant, Salekh, sought bail regarding FIR No. 416 of 2025 involving the murder of a man found strangulated in his e-rickshaw on July 14, 2025

The prosecution alleged the applicant and the deceased's wife were in an illicit relationship and conspired to kill the deceased using intoxicants and a cloth (gamcha)

The applicant was arrested on July 16, 2025, and a recovery of the alleged weapon and personal effects of the deceased was reportedly made upon his disclosure

The applicant contended he was falsely implicated based on suspicion, citing a lack of direct evidence, forensic corroboration, or independent witnesses to the recovery

1. Whether the circumstantial evidence presented by the State forms a complete chain sufficient to justify continued pre-trial detention

2. Whether the alleged recovery of the weapon and the confessional statements made to the police hold sufficient evidentiary value at the bail stage

3. Whether the applicant is entitled to bail based on the principle of "bail as a rule" given the duration of custody and lack of scientific evidence

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding bail provisions

Sections 103(1) (Murder) and 61(2) (Criminal Conspiracy) of the Bharatiya Nyaya Sanhita (BNS), 2023

Evidentiary restrictions under the Bharatiya Sakshya Adhiniyam, 2023, regarding the inadmissibility of confessions made to police officers

Judicial principle that "bail is the rule and jail is the exception," emphasizing that pre-trial detention should not serve as punishment

The court observed that the case rests entirely on circumstantial evidence with significant lacunae in the forensic chain, specifically, there was no Forensic Science Laboratory (FSL) report linking the recovered cloth (gamcha) to the crime, no DNA or biological evidence, and the mobile phone of the deceased remained unrecovered

The court noted that the recovery was witnessed only by police personnel, not independent public witnesses

The court further reasoned that the post-mortem findings, such as the irregular ligature mark and presence of semen, remained uncorroborated by scientific investigation

Crucially, the court found that the "chain of circumstances" was not so unbroken as to preclude the hypothesis of innocence, especially since the applicant was not named in the original FIR and no CDR reports were yet on record to prove the alleged conspiracy

The Bail Application was allowed. The court ordered the release of the applicant on a personal bond of Rs. 75,000/- with two reliable sureties, noting he had already been in custody for nine months and the trial had not yet commenced