of her marriage, prima-facie, the death of deceased is a suicidal death, the bona-fide of the applicant is explicit from the fact that no external ante-mortem injury was found on the body of deceased, as per the viscera report, the death of deceased occurred on account of consumption of foreign chemical compound i.e. Aluminum Phosphide, the allegations made in the FIR with regard to the additional demand of dowry and commission of physical and mental cruelty upon deceased on account of non-fulfillment of demand of additional dowry are vague and bald allegations inasmuch as, the same are devoid of material particulars, the manner in which, the alleged demand of additional dowry was made has not been detailed in the statement of the first informant recorded under Section 161 Cr.P.C., copy of which is on record at page 40 of the paper book, the clean antecedents of applicant, the period of incarceration undergone, the police report in terms of Section 173(2) Cr.P.C. has already been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against applicant stands crystallized, yet in spite of above, the learned A.G.A. could not point out any such circumstance from the record necessitating the custodial arrest of applicant during the pendency of trial, the judgment of the Supreme Court in Sumit Subhashchandra Gangwal Vs. State of Maharashtra, 2023 LiveLaw (SC) 373 (Paragraph 5), therefore, irrespective of the objections raised by the learned A.G.A. in opposition to the present application for bail, but without making any comments on the merits of the case, applicant has made out a case for bail.
