Having heard the learned counsel for applicant Surendra, 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 the cause of death of the deceased was asphyxia as a result of ante mortem hanging, therefore, the deceased has not died on account of act of any direct act of applicant, therefore, the applicant is not liable to be awarded the maximum sentence for an offence under Section 304 B IPC, the applicant is in jail since 28.01.2020, as such he has undergone more than 3 years and 8 months of incarceration, though the trial is of the year 2020, yet upto this stage, only two prosecution witnesses have deposed before Court below, applicant is in custody, therefore, he cannot be held responsible for delay in conclusion of trial, the accused has right of speedy trial in view of law laid down in the case of A.R. Antulay (supra), clean antecedents of the applicant, period of incarceration undergone, therefore, irrespective of the objections raised by the learned A.G.A. in opposition to the present application for bail, but without making any comments on the merits of the case, the applicant has made out a case for bail.
