Topic

no direct evidence

2 articlesLatest July 2026
Anticipatory Bail Under BNSS | Sole Reliance on Co-Accused Statement Without Corroboration or Direct Evidence Insufficient : Bombay HC
Case Law Analysis
|Bombay High Court

Anticipatory Bail Under BNSS | Sole Reliance on Co-Accused Statement Without Corroboration or Direct Evidence Insufficient : Bombay HC

The Bombay High Court granted anticipatory bail where the prosecution’s case rested entirely on an uncorroborated statement by a co-accused, with no evidence linking the applicant to the crime scene or the alleged malpractice. This reinforces that mere suspicion or hearsay from another accused cannot override the constitutional guarantee of personal liberty under Article 21 and Section 438 BNSS, especially when the applicant cooperates fully with investigation.

BNS Section 140(1) | Mere Presence at Scene Without Cogent Evidence Insufficient to Deny Bail : Rajasthan HC
Case Law Analysis
|Rajasthan High Court

BNS Section 140(1) | Mere Presence at Scene Without Cogent Evidence Insufficient to Deny Bail : Rajasthan HC

The Rajasthan High Court granted bail to an accused present at a liquor party where a death occurred, holding that proximity alone, without direct evidence of involvement or motive, cannot justify pre-trial detention under BNS 2023. This reinforces the presumption of innocence and sets a clear boundary for bail decisions in non-violent, circumstantial cases involving family members.