her life by committing suicide by hanging herself which is established from the report of the State Medical Board. The bona fide of the applicant is explicit from the fact that except for the ligature mark, no other external ante mortem injury was found on the body of the deceased. The applicant is working as a Constable in Railway Special Protection Force and at the relevant time was posted at Jammu and Kashmir. On the above premise, he contends that allegations with regard to additional demand of dowry and a four wheeler and commission of mental and physical cruelty upon the deceased on account of alleged non fulfilment of additional demand of dowry is an afterthought, inasmuch as no material particulars regarding the same have been mentioned either in the F.I.R. or in the statement of first informant recorded under Section 161 Cr. P. C. Referring to the judgement of Supreme Court in Kahkashan Kausar Vs. State of Bihar, (2022) 6 SCC 599, he, therefore, submits that since the material particulars regarding above are conspicuous by their absence, therefore, same are liable to be ignored by this Court. Upto this stage, nothing has emerged on record, on the basis of which, it can be definitely concluded that applicant has abetted, instigated or conspired in the commission of crime. There is nothing on record to suggest that deceased committed suicide on account of an immediate act of applicant either. Considering the precarious condition of the applicant, inasmuch as the age of male child of the applicant is only 2 years and 6 months clearly leads to the inference that applicant shall not ensure the death of his wife. Even otherwise, applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 17.11.2022. As such he has undergone more than 8 months of incarceration. 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. Upto this stage, no such circumstance has emerged necessitating the custodial arrest of applicant during the course of trial. To lend legal support to his submission, he has relied upon the judgement of Supreme Court in Subhash Chandra Gangwal Vs. State of Maharashtra, 2023 Livelaw (S.C.) 373 (para 5) . He, therefore, submits that the applicant is liable to be enlarged on bail. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial.
