LAXMIN BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The applicant has preferred this bail application under Section 439 of CrPC, as she is arrested in connection with Crime No.162/2020, registered at Police Station Pali, District Korba (CG), for the offence punishable under Sections 302, 201, 120B, 34 of the Indian Penal Code.

(3.) As per the prosecution case Kavita Bai, wife of Dhan Singh Yadav (since deceased) lodged merg intimation on 10-7- 2020, regarding death of her husband. In the postmortem report, the deceased was found to have died due to asphyxia as a result of strangulation. Death was homicidal in nature. During investigation it was found that co-accused Gulab Singh, and his wife-Laxmin Bai (applicant herein) and third accused Urmila Bai Kanwar called the deceased to their house by calling him over his mobile number from the mobile number of accused Urmila Bai. As per the plan, the deceased was allured to have physical relation with the applicant Laxmin Bai and during this act Urmila Bai and Gulab Singh strangulated him whereas the present applicant allegedly pressed the penis of the deceased. After his death, the dead body was dragged to a distance and hanged over a tree. The deceased had left the house at about 4.00 pm on 9-7-2020. Till 7.30 pm, the deceased was in the house of his brother Maha Singh, but thereafter, his mobile was showing switched off and later on his dead body was seen by one Lagni Bai.