Regular bail is warranted where completed investigation reveals only a last-seen circumstance and no strong link to the murder.

The petitioner, arrayed as accused No. 2, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), in a murder case registered under Sections 103(1) and 249 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that the petitioner and accused No. 1 took the deceased, Bhaskar, to consume alcohol and assaulted him with a knife, allegedly over a debt arising from a card game several years earlier.

The petitioner was arrested on 9 March 2026; after investigation, a charge sheet was filed against three accused.

His bail application before the Sessions Court had been rejected

Whether the petitioner should be granted regular bail under Section 483 BNSS, having regard to the material collected during investigation and the circumstances of the case

Whether the prosecution’s allegations, including the last-seen circumstance and the alleged motive, provided sufficient grounds to refuse bail after the charge sheet had been filed

The petition was considered under Section 483 BNSS, which provides for the High Court’s and Court of Session’s power to grant bail.

The alleged offences were under Sections 103(1) and 249 BNS.

The Court assessed the material against the petitioner, the status of the investigation, and his criminal antecedents in deciding whether regular bail was warranted; it cited no precedent

The Court considered that the principal material connecting the petitioner to the crime was the circumstance of his being last seen with the deceased near the bar and restaurant.

It found no other strong material on record connecting him to the offence.

The alleged card-game debt dated back three to four years, while the petitioner and deceased had continued to visit the bar and consume alcohol together.

The investigation was complete, the charge sheet had been filed, and the petitioner had no other criminal antecedents.

The Court therefore considered that the allegations remained to be proved at trial and that bail was justified

directed that the petitioner be released on bail in S.C. No. 121/2026, subject to executing a personal bond of Rs. 1,00,000 with two sureties for the like sum and complying with conditions concerning court attendance, non-interference with witnesses, non-involvement in similar offences, and remaining within the trial court’s jurisdiction without permission