JUDGMENT :

1. Heard Sri Imran Ullah, learned counsel for the applicant; Sri Jai Kishan, Advocate, holding brief of Sri Vipin Kumar, learned counsel for the informant and as well as the learned AGA for the State and perused the material placed on record.

2. The instant bail application has been filed on behalf of the applicant, Jai Govind @ Ramji Yadav, with a prayer to release him on bail in Case Crime No. 418 of 2022, under Sections 306, 504 and 506 IPC, Police Station- Nawabad, District- Jhansi during pendency of trial.

3. The implication of the applicant has been made after proceedings under Section 156(3) for committing the offences under Sections 306, 504, 506 IPC. The prosecution case is that the applicant and the daughter of informant, namely, Kajal, were having love affair. The applicant and co-accused persons had threatened the informant and her husband due to which her husband went into depression and died on 21.04.2021 due to heart-attack. It is further alleged that on 27.10.2021, the applicant and co-accused persons entered into the house of the informant and threatened them and Case Crime No. 232/2021, under Section 504, 506 was registered against them. It was further alleged that due to threats extended by the applicant, the daughter of the informant had given Rs. 1 lakh to him. On 08.05.2022, she was kidnapped and raped by the applicant and other co-accused persons for four days as a result of which she suffered depression. She was again abducted on 09.06.2022 and thereafter, left in the market. She met her sister, Nancy, and informed her that she has been given something intoxicating to drink and thereafter she was subjected to rape by the accused persons who made her video also. Thereafter, she became unconscious and taken to hospital where she died on 10.06.2022.

4. Learned counsel for the applicant has submitted that admittedly the incident took place on 09.06.2022 and the victim, Kajal, died on 10.06.2022, but the application was made before the CJM, Jhansi, under Section 156(3) Cr.P.C., on 18.06.2022 whereon FIR was lodged on 04.07.2022. He has submitted that the deceased died in the hospital where she was allegedly taken by her sister, Nancy, on 09.06.2022 but the ward boy of the Medical College, Jhansi, Namely, Manoj, informed the police about her death by consumption of poison. Thereafter, inquest of the body of the deceased was conducted and the cause of her death was not ascertained and viscera was preserved. The informant was present with the deceased all through and she did not made any complaint to the police even after the death of the deceased. After the death of her daughter, informant made complaint against one, Ayush Thakur, with whom the deceased had close relationship. Aforesaid, Ayush Thakur, was close relative of a sitting MLA of ruling party. Hence, the First Information Report was not lodged against him. After the alleged incident, informant repeated the same allegations as in the FIR, in her statement under Section 161 Cr.P.C. Independent eye witness denied seeing any such incident. The younger sister of the deceased also repeated the allegations in the FIR. The Investigating Officer recorded the statements of landlords of the house where the deceased used to live. They stated that the deceased was having love affair with Ayush Thakur, but their relationship was also not acceptable to the family of the deceased. Quarrel used to take place between both the families therefore the landlord asked the deceased and her sister to vacate his house. Subsequent landlord also informed the police that the deceased had come to live in their house and was having affair with a boy living in Shivaji Nagar. The owners of the society in the locality stated before police that the deceased purchased an All-Out mosquito repellant and consumed the same in the market place on the date of her death. The Investigating Officer further found that at one point of time, the applicant and the informant were very close a