A.G.A. for State, upon consideration of material on record, evidence, nature and gravity of offence, accusations made as well as complicity of applicants, coupled with the fact thatan offence under Section 306 I.P.C. has to be considered on a conjoint reading of the provisions contained in Sections 107 and 306 I.P.C, as per the material on record, upto this stage no abetment, instigation or conspiracy can be inferred against applicant in the commission of the crime in question, there is nothing on record to suggest that the deceased committed suicide on account of an immediate act of applicant, no instigation can be inferred from the conduct of applicant either, the judgements of this Court and Apex Court as noted above , an offence under Section 306 I.P.C is subject to trial evidence, charge sheet has been submitted against applicant, therefore the entire evidence sought to be relied upon by the prosecution against applicant stands crystalised, 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 applicant during the pendency of trial , t he clean antecedents of applicant, the period of incarceration undergone, therefore irrespective of the 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 expressing any opinion on the merits of the case, applicants have made out a case for bail.
