Having heard the learned counsel for applicant, the learned A.G.A. for state, the learned counsel for first informant, upon perusal of material brought on record, evidence, nature of offence, gravity, complicity of the accused, accusation made and coupled with the fact that applicant is the mother-in-law of the deceased, the applicant being a lady is, therefore, entitled to the benefit of provisions contained in proviso to Section 437 Cr. P. C., the clean antecedents, the period of incarceration undergone by applicant, the police report in terms of Section 173 (2) Cr. P. C. i.e. charge sheet has already been submitted. As such, 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, the judgement of the Supreme Court in Sumit Subhash Chandra Gangwal Vs. State of Maharashtra, 2023 Livelaw (S.C.) 373 (para 5) , therefore, irrespective of objections raised by the learned A.G.A. and the learned counsel for first informant in opposition to the present application for bail, but without making any comments on merits of the case, the applicant has made out a case for bail.
