Having heard the learned counsel for applicant, the learned A.G.A. for state, upon perusal of material brought on record, nature and gravity of offence, evidence, complicity of accused, accusation made and coupled with the fact that as per the confessional statements of the accused, the only role assigned to the applicant is that dead body of the deceased was kept in the auto rickshaw of applicant and thereafter, taken away from the place of occurrence and thrown in a drain near the open land, the case of the present applicant is thus distinguishable from other two co-accused who have committed throttling upon the deceased, the charge sheet has already been submitted against the applicant, therefore, the entire evidence sought to be relied upon by the prosecution against applicant now stands crystallized, in spite of above, the learned A.G.A. could not point out any such circumstances from the record necessitating the custodial arrest of the applicant during the course of trial, the clean antecedents of applicant, the period of incarceration undergone, 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.
