Having heard the learned counsel for applicant, the learned A.G.A. for state, upon perusal of material brought on record, nature and gravity of offence, evidence, complicity of the accused, accusation made and coupled with the fact that though the applicant is the husband of the deceased a named and charge sheeted accused, inasmuch as the charge sheet has been submitted on 20.1.2022 against applicant and mother-in-law of the deceased, yet he is liable to be enlarged on bail, inasmuch as according to the dying declaration of the deceased, the role of torching the victim has been assigned to co-accused Nirmala Devi, the mother-in-law of the deceased is already dead, bona fide of the applicant is explicit from the document occurring at page 81 of the paper book itself, as per the said document, the applicant immediately rushed to save the victim and he also sustained injuries on his person as is explicit from the aforementioned document, 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. could not point out any such circumstance from the record necessitating the custodial arrest of the applicant during the pendency of trial, the judgement of the Supreme Court in Sumit Subhashchandra Gangwal Vs. State of Maharashtra, 2023 LiveLaw (SC) 373, (Paragraph 5), therefore, irrespective of
