gravity of offence, accusations made, complicity of accused and coupled with the fact that up to this stage from the material collected by the Investigating Officer, it can not be definitely concluded tht the applicant has abetted, instigated or conspired in the commission of the crime in question, there is nothing on record on the basis of which, it can be definitely concluded that the deceased committed suicide on account of an immediate act of applicant, no instigation can be inferred against the applicant from his conduct either, an offence under Section 306 IPC is subject to trial evidence, the judgment of this Court as well as the Supreme Court referred to above, the allegation made in the FIR regarding the demand of dowry are vague and bald allegation being devoid of material paticulars, the said allegation has not been evidenced by material particulars in the statement of the first informant recorded under Section 161 Cr.P.C., the 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 applicant during the pendency of trial, 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, applicant has made out a case for bail.
