Having heard the learned counsel for applicant, 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 coaccused Manish has already been enlarged on bail vide order dated 17.07.2023, subsequently co-accused was chargesheeted under Section 3 (2)5 SC/ST Act wherein he has also been enlarged on bail by this Court vide order of date passed in connected bail application, the prosecutrix has solemnized marriage with co-accused Manish therefore the criminality if any alleged against the charge-sheeted accused stands washed of, the criminal history of the applicant has sufÏciently been explained, the issue as to whether an accused is entitled to be enlarged on bail or not even if he has criminal history is no longer res-integra and has now been set at rest by a three Judges' Bench judgement of the Supreme Court in Brijmani Devi Vs. Pappu Kumar and Another (2022) 4 SCC 497 , the police report under Section 173 (2) CrPC i.e. charge-sheet has already been submitted as such the entire evidence sought to be relied upon by the prosecution against the applicant stands crystalized, yet in spite of above the learned A.G.A. could not point out any such incriminating circumstance from the record necessitating the custodial arrest of applicant during the proceeding of trial, the 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
