Delhi HC: The court should not release accused on bail if Forensic evidence is linking him to crime

Furthermore, the recovery of the weapon of offence, namely, the knife, as well as the clothes allegedly worn by the Applicant at the time of the incident, was effected pursuant to his disclosure statement during police custody. Forensic analysis also indicates that both the knife and the clothes bore traces of the deceased’s blood. Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (pari materia to Section 27 of the Indian Evidence Act, 1872), that part of a statement which distinctly relates to the discovery of a fact is admissible in evidence. As settled in K. Chinnaswamy Reddy v. State of A.P., 1962 SCC OnLine SC 32, see also: Randeep Singh v. State of Haryana, 2024 SCC OnLine SC 3383. this provision constitutes a limited exception to Sections 25 and 26, which prohibit the proof of a confession made to a police officer/ made in police custody, allowing the admissibility of only that part which distinctly relates to the discovery. While the ultimate evidentiary weight of such recoveries and the FSL report is a matter for trial, the statement leading to these recoveries, along with their forensic corroboration, lends prima facie credence to the Prosecution’s case. {Para 7}

 IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLN. 2471/2025

ASHU @ ATTA . Vs STATE GOVT. OF NCT OF DELHI

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

Author: SANJEEV NARULA, J.:

Pronounced on: 19th August, 2025.

Read full judgment here: Click here.

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