Having heard the leaned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, evidence, complicity of the accused, accusation made, nature and gravity of offence and coupled with the fact that as per the confessional inculpatory statement of named and chargesheeted accused Nora @ Bachchu Baistava the only role assigned to the applicant is that he carried away the dead body of the deceased from the room to the bushes, there is nothing on record to suggest that applicant actively participated in the murder of the deceased, apart from above the court finds that applicant is a man of clean antecedents he has no criminal history to his credit except the present one, the police report under Section 173 (2) CrPC has already been submitted and therefore the entire evidence sought to be relied upon by the prosecution against the present applicant stands crystalized, up to this stage learned A.G.A could not point out any such incriminating circumstance necessitating the custodial arrest of applicant during the course of trial, reference in this regard is made to the judgement of the Supreme Court in Sumit Subhashchandra Gangwal and another Vs. State of Maharashtra and another, 2023 Livelaw SC 373 ( Paragraph 5) , considering the facts as noted above, the clean antecedents of applicant and also the period of incarceration undergone, but without making any comment on the merits of the case, the applicant has made out a case for bail.
