JUDGMENT Sunita Yadav, J. - I.A.No.2634/2023, an application under Section 301(2) of CrPC for assisting the prosecution is taken up, considered and allowed for the reasons mentioned therein. 2. Smt. Sangeeta Pachauri - Advocate and her associates are permitted to assist the prosecution on behalf of the complainant. 3. This first bail application under Section 439 of CrPC has been filed for grant of bail. 4. The applicant has been arrested on 24.01.2023 by Police Station Behat, District Gwalior in connection with Crime No. 64 of 2022 for the offences punishable under Sections 302, 34 of IPC. 5. The allegation against the present applicant accused is that she along with other co-accused persons committed murder of Hotam. 6. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that there is delay in registration of Dehati Nalsi. The further argument is that prosecution witnesses Ram Babu Kushwah and Bhan Singh Kushwah have not corroborated the prosecution story in their statements recorded under Section 161 of Cr.P.C. that the present applicant- Leela Kushwah was also involved in commission of offence. The name of present applicant has been involved in the case only on account of enmity over the family property. The applicant is a woman and is under custody since 24.01.2023. The applicant is permanent resident of District Gwalior and there is no likelihood of her absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant. 7. On the other hand, learned counsel for the State as well as learned counsel for the complainant vehemently opposed the application and argued that in Dehati Nalsi, the complainant Sharda Kushwah has specifically mentioned that the present applicant was also present at the place of incident when the offence was committed and has active participation in commission of crime. It is further argued that even prosecution witnesses Ram Babu Kushwah and Bhan Singh Kushwah have said in their police statement that wife of deceased/complainant Sharda Kushwah was present at the time of incident. The version of Sharda whose presence is not disputed by other prosecution witnesses is corroborated with the post mortem report, therefore, at this stage, the statement of complainant Sharda Kushwah cannot be discarded only on account of statements of Ram Babu Kushwah and Bhan Singh Kushwah. The version of Sharda whose presence is not disputed by other prosecution witnesses is corroborated with the post mortem report, therefore, at this stage, the statement of complainant Sharda Kushwah cannot be discarded only on account of statements of Ram Babu Kushwah and Bhan Singh Kushwah. It is further argued that in view of gravity of offence, the applicant/accused should not be granted bail. 8. Heard learned counsel for the rival parties and perused the case diary. 9. In view of the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is not inclined to grant bail to the applicant. 10. Hence, this bail application stands dismissed.