Having heard the learned counsel for applicants, 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 prima facie none of the ingredients of Section 107 IPC are satisfied against applicants up to this stage, there is nothing on record to indicate abetment, instigation or conspiracy against applicants or the deceased committed suicide on account of an immediate act of applicants, more over, an offence under Section 306 IPC read with Section 107 IPC is subject to trial evidence, the clean antecedents of applicants, the period of incarceration undergone, the police report under Section 173 (2) CrPC i.e. charge-sheet has already been submitted against the applicants, therefore the entire evidence sought to be relied upon by the prosecution against applicants stands crystalized, yet inspite of above the learned A.G.A. could not point out any such circumstance from the record necessitating the custodial arrest of the applicants during pendency of trial, the judgement of Supreme Court in Sumit Subhashchandra Gangwal and another Vs. State of Maharashtra and another, 2023 Livelaw SC 373 (Paragraph 5) , therefore, irrespective of the objections raised by the learned A.G.A. in opposition to the present applications for bail but, without making any comment on the merits of the case, the applicants have made out a case for bail.
