(1.) HEARD, Counsel appearing for the applicant submitted that after the applicant knew that he was wanted for criminal prosecution revolving around the provisions of section 302 I. P. C. , he surrendered himself before the concerned Police Station and, therefore, he is in custody and praying for bail. She submitted that there is no evidence against this applicant so as to go to trial for bidding conviction against him. Ms. Kantharia brought it to the notice of this Court that this accused gave a statement showing his willingness to lead the Investigating Officers to his house where little nail cutter was kept in a cupboard used for storing grocery articles.
(2.) WHILE considering the prayer for bail, the Court has to consider the strength of material which the investigating agency has collected for going to the trial against the accused. The Court would not be impressed by the surmises and conjecturers.
(3.) THE little nail cutter is a common use article and it can be stored by anybody in the house. The prosecution cannot achieve the advantage unless it establishes prima facie a nexus between such an article and the crime by which the accused has been indicted.