Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, evidence, nature and gravity of offense as well as complicity of applicant, accusation made coupled with the fact that since applicant is a lady, she is therefore entitled to the benefit of the provisions contained in proviso to section 437 Cr.P.C, the period of incarceration undergone, the clean antecedents of applicant, police report in terms of Section 173 (2) Cr.P.C. has already been submitted against applicant, as such, the entire evidence sought to be relied upon by the prosecution against applicant stands crystalized, yet inspite of above, the learned A.G.A. could not point out any such circumstance from the record necessitating custodial arrest of applicant during the pendency of trial, the judgement of the Supreme court in Subhaschandra Gangwal and another Vs. The state of maharashtra and Another, 2023 Live law (SC) 373, applicant is the mother in law of deceased, prima facie, she cannot be said to be the benificiary of the alleged demand of dowry, the husband of the deceased i.e. the son of applicant is already in jail, therefore irrespective of the objections raised by the learned A.G.A. in opposition to the present application for bail, but without making any comment on the merits of the case, the applicant has made out a case for bail. Accordingly the bail application is allowed.
