JUDGMENT :

B.N. Karia, J.

1. Present appellant filed Criminal Misc. Application No. 238 of 2021 before the Court of learned Additional District Judge, Banaskantha at Tharad u/s. 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on anticipatory bail on account of offence being registered vide C.R. No. 11195050211030 of 2021 with Tharad Police Station, Banaskantha for the offence punishable u/s. 306 and 114 of Indian Penal Code and Sections 3(2) (5) and 3(2)(5A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein learned Additional District Judge, Banaskantha at Tharad rejected the said application on 01.09.2021.

2. Feeling aggrieved by the said order, appellant has preferred present criminal appeal under Section 14 of the Atrocities Act.

3. As per the report of the learned 6th Additional District Judge, Banaskantha dated 31.01.2022, it appears that writ is duly executed and from the appellant side, affidavit of service is filed by Mr. Mansukhbhai Parmar dated 18.11.2021. As per the report of the Police Inspector, ACB Palanpur dated 08.11.2021, notice is duly served on 15.11.2021. Nobody has appeared to contest this appeal when the matter was called out.

4. Heard learned advocate for the appellant and learned APP for the respondent-State.

5. It is submitted by learned advocate for the appellant that the complainant viz. Jetsibhai Chhaganbhai Rathod has lodged the FIR in the Tharad Police Station on 23.08.2021 that his younger brother viz. Amratbhai Chhaganbhai Rathod (deceased) on 21.08.2021 had called him to inform him regarding his visit to Palanpur for the purpose of an interview of the company. Thereafter, deceased had sent one video on the whatsapp of the complainant in which he talked about him committing suicide. Afterwards, the complainant rushed to the Tharad Police Station to prevent his younger brother from committing suicide, however, the police after some investigation regarding the same informed the complainant that younger brother has committed suicide in one 'Kalpati Hotel' near Charada Village. Thereafter, the complainant along with other family members went to Kalapi Hotel and they found the deceased hanging on fan and found suicide note as well and subsequently, police has registered criminal FIR against the present appellant with four other co-accused persons. It is further submitted that the appellant is relative of the deceased person as the appellant has married to the sister of the deceased. The appellant and deceased got married on the same day i.e. on 08.06.2021 at Barvada Village. It is further submitted that root of the incident is that wife of the deceased viz. Payal (original accused no. 1) was aged about 15 years at the time of marriage and for that reason, in-laws of the deceased were not ready to send Payal with the deceased till she attains the age of majority i.e. 18 years and the same condition was specified to the deceased and his family members before solemnization of their marriage and they had agreed to. It is further submitted that the deceased was not happy with the fact that his wife will not come to her matrimonial home after her marriage till she attains majority. Deceased started insisting the in-laws to send his wife to his some and since his in-laws has denied for the same, the deceased started behaving over sensitively and trying to bring his wife to his matrimonial home. This was the reason due to which the deceased has committed suicide. It is further submitted that one suicide note was there, wherein not a single specific allegation is made against the present appellant nor any utter words that would drive the deceased to end his life so that deceased ought to have taken alternative means as opposed to commit suicide. That only allegation made in the suicide note is that the appellant had threatened on call the deceased before one month of the day of the incident and therefore, offence u