Mumbai: The Bombay High Court on Thursday granted bail to four individuals accused of harassing a girl who died by suicide in Kalyan in 2022, noting severe deficiencies in the investigation.
The incident took place on June 12, 2022, with the FIR registered three days later after her parents discovered notes on her phone alleging harassment by eight people since 2018. However, the court observed that the victim’s mother knew about the harassment as early as 2018.
Doubts arose regarding the phone used to recover the victim’s notes, as the seized phone’s model number differed from that on the purchase bill.
Additionally, the court took note that the victim died by suicide a day before the first accused was to get married. suggesting she might have been distressed about this event due to a possible relationship with him.
“There is some substance in the contention raised on behalf of the said applicant that the victim could have been upset with the said event, as she may have been in a relationship with the said applicant,” justice Manish Pitale said.
Advocates Sana Khan, AS Khandeparkar and Anjali Patil, representing the accused, argued that discrepancies in the evidence indicated that the applicants were falsely implicated. They pointed out inconsistencies, such as the victim’s family’s awareness of the harassment not leading to immediate action and questions over the timing and handling of the victim’s phone. They also noted the postmortem report showed no genital injuries, weakening the case for abetment of suicide under Section 306 of the IPC.
State’s advocate Sagar Agarkar submitted that witness statements described a pattern of harassment over four years, compelling the victim to take her own life. Agarkar argued that delays by the victim’s family in reporting the harassment should not undermine the case against the accused.
The High Court emphasized the lack of direct evidence linking the accused to any immediate provocation before the suicide. It highlighted contradictions in the mother’s statement and uncertainties about the phone’s identification and data. The court noted the prolonged incarceration of the accused, who had already spent over two years in custody without charges being framed, as a significant factor in granting bail.
The court ordered the release of the applicants on a personal bond of Rs 50,000 each, pointing to significant gaps in the investigation and the lack of clear evidence connecting the accused to the alleged offenses.
