ORDER

This repeat Criminal appeal filed under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail on behalf of the appellant is arising out of the order dated 09.11.2023 passed by Special Judge (Atrocities), Khandwa in connection with F.I.R./Crime No.376/2023 registered at Police Station Piplod Khandwa District Khandwa for the offences punishable under Section 305 of IPC, Section 3(2)(v) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and Section 67-b of the Information Technology (Amended) Act. The appellant is in custody since 15.09.2023. Earlier bail application/appeal was dismissed by a detailed and elaborate order, vide MCRC No.14927/2023, dated 03-01-2024.

2. Learned counsel for the appellant submits that in the present case, the appellant has been implicated without even appreciating the aspect that the provisions of Section 305 of IPC had no applicability to the facts of the case. It is contended by the counsel that in the present case, as per the allegation levelled by the prosecution, deceased committed suicide on 29.08.2023 and later on, a mobile phone which was owned by her father got inspected and upon inspection, it was found that the deceased had opened an Instagram account in the mobile and there was a chat with the appellant in the mobile and the appellant was using his Instagram account with the name of “Om Baba Mani Maharaj.” It is contended by the counsel that apparently the deceased did not own any mobile phone. The mobile phone was of her father. According t o prosecution, the last chat which was available in the phone was dated 11.08.2023. It is contended by the counsel that the appellant was arrested on 15.09.2023. It is also submission of the counsel that there is a futile attempt on the part of the prosecution to create a nexus between the chat and the ultimate suicide committed by the deceased. Thus, it is contended by the counsel that the appellant deserves to be enlarged on bail inasmuch as, none of the ingredients of Section 305 of IPC are attracted in the present case.

3. Learned senior counsel for the appellant contents that evidence of the father, brother and maternal uncle of the deceased have been recorded and in view of their statements, it is evident that implication of the present appellant is ill-founded and the allegations against the appellant are unsustainable. Thus, learned counsel submits that the appellant, who has suffered in custody for a considerable period, deserves to be enlarged on bail.

4. Per contra, learned counsel for the respondent/State has opposed the prayer and contends that the deceased was a minor girl and was a student of Class 11. The deceased was aged about 16 years. The present appellant as well as deceased were neighbour. The present appellant was teasing the deceased and the deceased had made complaint to her parents as well but, still the appellant did not mend his ways and kept on troubling the deceased which is palpable from the transcript of the chat of the appellant as well as deceased in Instagram account. It is contended by the counsel that the chat itself reflects that there was a threat as well to the deceased as the appellant wrote on chat that "her days were coming to an end." Thus, the learned counsel for the State submits that the accused-appellant has abetted the deceased to commit suicide and the evidence recorded so far also are of no assistance to the accused for grant of bail.

5. Learned counsel for the Objector has also supported the argument advanced by the learned counsel for the State and submits that there is no change in circumstance and the present application deserves to be dismissed.

6. Heard the submissions and perused the record.

7. In the present case, the present appellant has been implicated on account of registration of an FIR against the aforesaid case. A perusal of the case diary reflects that after lodging of the FIR, a mobile phone belonging