Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, evidence, nature and gravity of offence as well as the complicity of applicant and accusation made coupled with the fact that as per the inquest report as well as post mortem report of the deceased the death of deceased is suicidal, the bonafide of the applicant is explicit from the fact that as per the except for the ligature mark, no other internal or external injury was found on the body of deceased, the Police report in terms of Section 173(2) Cr.P.C. i.e. charge sheet has already been submitted, as such, the entire evidence sought to be relied upon by prosecution against applicant stands crystalized, up to this stage, no such incriminating circumstance necessitating the custodial arrest of applicant during the course of trial could be pointed out by learned A.G.A, the judgement of the Supreme Court in Sumit Subhaschandra Gangwal (Supra) , allegations made in the F.I.R with regard to demand of additional dowry and commission of physical and mental cruelty upon deceased on account of non fulfilment of dowry are devoid of material particulars, in view of judgement of Supreme Court in Kahkashan Kausar @ Sonam and Others (Supra), prima facie they are liable to be ignored, at this stage, the period of incarceration undergone, the clean antecedents of applicant but without making any comment on the merits of the case applicant has made out a case for bail.
