Hostile witness testimony and lack of forensic evidence justify bail in circumstantial murder case.

The applicant sought regular bail in connection with FIR No. 467/2023 for the alleged murder of a woman under Section 302/34 IPC

The case began as a "blind FIR" after a highly decomposed body was recovered from a drain

Police found a paper slip with handwritten names and phone numbers in the deceased's pocket

On 02.10.2023, based on "secret information," the applicant was arrested on the allegation that he strangulated the deceased in his car because he did not want to marry her following the birth of their child

The applicant moved for bail on the grounds that he had been in custody since October 2023 and that key prosecution witnesses had failed to support the case during the trial

1. Whether the applicant is entitled to regular bail given the nature of the circumstantial evidence and the conduct of witnesses during the trial

2. Whether the "last seen" theory propounded by the prosecution is sufficiently established to justify continued incarceration

The court applied Section 302 (Punishment for murder) and Section 34 (Common intention) of the Indian Penal Code, 1860

The court relied on the evidentiary principles concerning "circumstantial evidence" and the "last seen" theory, which require a proximity in time between the deceased being seen with the accused and the recovery of the body to establish a link

It also considered the standard for granting bail under Section 439 of the CrPC/Section 483 of the BNSS, focusing on the quality of admissible evidence available at the trial stage

The court observed that the prosecution’s case rested entirely on circumstantial evidence and secret information

The "last seen" evidence provided by a puncture repairer, who allegedly saw the deceased with the applicant at 12:30 AM on 29.09.2023, collapsed as the witness turned hostile and failed to support the prosecution during the trial

The court noted a significant time gap between the "last seen" moment and the discovery of the body at 2:00 PM on 30.09.2023

Furthermore, the court questioned the credibility of the recovery of an intact paper slip from the pocket of a putrefied body submerged in water

Crucially, the Crime Team found no chance prints in the car where the murder allegedly occurred

The court concluded that currently, there is no legally admissible evidence connecting the applicant to the crime

The court granted the bail application, directing the applicant to be released on a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court

The court clarified that these findings are prima facie and shall not influence the final decision of the trial court