Incriminating Forensic Evidence Connecting Recovered Weapon to Fatality Precludes Bail Notwithstanding Hostile Last-Seen Witnesses

The applicant, Sumit, was arrested on October 9, 2024, in connection with Crime No. 234/2024 for the murder of Raju Yadav, who was found with a gunshot injury on October 7, 2024.

This is the applicant's third bail application; two previous applications were dismissed, one being on merits in August 2025.

The applicant moved this current application following a liberty granted by the Hon’ble Supreme Court to renew the plea after six months.

The defense argued that key "last seen" witnesses (P.W.-2 and P.W.-4) turned hostile and that the applicant has been in custody since 2024.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) despite the recovery of incriminating forensic evidence connecting him to the weapon of offense.

Section 103(1) of the Bharatiya Nyaya Sanhita (BNS), which defines the punishment for murder.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which governs the power of the High Court to grant bail (analogous to Section 439 of the Cr.PC).

The Court balanced the principle of individual liberty against the gravity of the offense and the existence of a prima facie case based on expert forensic evidence.

The Court acknowledged the defense's argument that the material prosecution witnesses regarding the "last seen" theory did not support the case during the trial.

It weighed this against a significant "subsequent development": the receipt of the Forensic Science Laboratory (FSL) report.

The FSL report established a direct link between the firearm recovered from the applicant and the fatal bullet recovered from the deceased/crime scene.

The Court reasoned that despite the hostility of ocular witnesses, this forensic evidence constitutes strong prima facie corroboration of the applicant's involvement in a grave offense.

The High Court dismissed the third bail application, concluding that the applicant is not entitled to be released on bail at this stage.