strong motive has emerged against applicant to commit the crime in question, motive plays an important link in the chain of circumstances in a case based on circumstantial evidence vide Nandu Singh (Supra), there was no previous enmity in between the deceased and the applicant and therefore, no animus can be gathered against the applicant for committing the crime in question, the only incriminating circumstance that has emerged against applicant for implicating him in the crime in question is the confessional statement of coaccused Deepak, with reference to Section 25 of the Evidence Act, confession of an accused made while in custody is not admissible in evidence, confession is a weak type of evidence, same can be relied upon provided it gets corroborated from other evidence, upto this stage, there is no evidence to corroborate the confession of accused and implicate the applicant in the crime in question, the judgement of Apex Court in Kashmira Singh Vs. State of Punjab, AIR 1952 SC 159, the clean antecedents of applicant, the period of incarceration undergone, the police report in terms of Section 173(2) Cr.P.C. has already been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against applicant stands crystallized, yet in spite of above, the learned A.G.A. and the learned counsel representing first informant could not point out any such circumstance from the record necessitating the custodial arrest of applicant during the pendency of trial, therefore, irrespective of the objections raised by the learned A.G.A. and the learned learned counsel representing first informant in opposition to the present application for bail, but without making any comments on the merits of the case, applicant has made out a case for bail.
