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 the death of the deceased is a suicidal death, the bona fide of the applicant is explicit from the fact that no external or internal ante mortem injury was found on the body of deceased except the ligature mark, in view of above, the applicant is not liable to be awarded the maximum sentence for the offence under Section 304 B IPC, if convicted, allegations made in the F.I.R. regarding demand of additional dowry (Splendor motorcycle) are vague and false allegations inasmuch as the same are devoid of material particulars, as such, the same are liable to be ignored by this Court at this stage, the judgement of the Supreme Court in Kahkashan Kausar Vs. State of Bihar, (supra), the absence of external or internal ante mortem injury on the body of the deceased except the ligature mark, the police report in terms of Section 173 (2) Cr. P. C. has already been submitted, as such, the entire evidence sought to be relied upon by the prosecution against the applicant stands crystallized, however, upto this stage, no such circumstance has emerged necessitating the custodial arrest of applicant during the pendency of trial, the clean antecedents of applicant, the period of incarceration undergone by applicant, therefore, irrespective of objections raised by the learned A.G.A. in opposition to this application for bail, but without making any comments on the merits of the case, the applicant has made out a case for bail.
