complained of is covered under the four exception to Section 300 I.P.C., since no fire arm or deadly weapon of assault was used by the applicants Adarsh Pandey in the commission of crime, therefore, the offence complained of shall prima facie not be travel beyond 304 part II I.P.C., the other co-accused Santosh Pandey has already been enlarged on bail, applicant Rambha Pandey is a lady, therefore, she is entitled to the benefit of the provisions contained in proviso to Section 437 Cr.P.C., the clean antecedents of applicants, the period of incarceration undergone, the police report under Section 173 (2) Cr.P.C i.e. charge-sheet has already been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against applicants stands crystallized, yet in spite of above, the learned A.G.A. and the learned counsel for first informant could not point out any such circumstance from the record necessitating the custodial arrest of applicants during the pendency of trial, therefore, irrespective of the objections raised by the learned A.G.A. and the learned counsel representing first informant in opposition to the present applications for bail, but without making any comments on the merits of the case, the applicants have made out a case for bail.
