commission of physical cruelty upon the deceased on account of non fulfillment of additional demand of dowry are not worthy of reliance, at this stage, as the same are devoid of material particulars, no attempt has been made by the first informant to explain the said allegation, consequently, by reason of law laid down by Apex Court in Kahkashan Kausar @ Sonam (Supra), the same are liable to be ignored by this Court at this stage, 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 inspite of above, the learned A.G.A. could not point out from the record, any such incriminating circumstance necessitating the custodial arrest of the applicant during the pendency of trial, the judgment of the Supreme Court in Sumit Subhashchandra Gangwal Vs. State of Maharashtra, 2023 LiveLaw (SC) 373 (Paragraph 5), but without making any comments on the merits of the case, applicant has made out a case for bail.
