HC treats WhatsApp messages as dying declaration in suicide case, denies bail to trio

The Madhya Pradesh High Court has termed WhatsApp messages found on the mobile phone of a 25-year-old tribal man “prima facie crucial dying declaration” in a suicide abetment case, refusing to grant bail to three accused persons.

Justice Jai Kumar Pillai from the HC’s Indore bench upheld the order of the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act) of Dhar district on July 27, rejecting the bail pleas of the accused, and dismissed their appeals against it.

The prosecution told the high court that Santosh, alias Lakhan Ausari, hanged himself due to harassment, abuse, humiliation, and death threats allegedly received from Karan Jat, Dharmendra Jat, and Umesh Jat over a dispute concerning agricultural land.

According to the prosecution, the investigation showed that on May 7, before his death, Ausari had sent WhatsApp messages to his father.

The high court noted, “A critical piece of evidence produced by the prosecution is the Panchnama related to the deceased’s mobile phone. The record reflects that shortly before his death, the deceased sent three WhatsApp messages to his father’s mobile number.”

The single-judge bench said that this electronic evidence serves as “a crucial prima facie dying declaration”, explicitly naming the appellants. The court said, “Furthermore, the statements of the deceased’s father, Bhuralal Ausari, and brother, Bhima Ausari, recorded during the investigation, corroborate the prosecution’s narrative. Both witnesses have categorically stated that the appellants systematically threatened, abused, and insulted the deceased over an old agricultural land dispute, subjecting him to continuous death threats which allegedly drove him to end his life.”

The counsel for the accused argued that the three had no connection with Ausari’s suicide and that they had been implicated in the case due to an old rivalry. However, the prosecution objected to the bail pleas, citing the material found during the investigation and the nature of the allegations.

After considering the arguments of both sides, the high court said Ausari specifically named the accused in the WhatsApp messages that he sent before his death. It also noted that the statements of his immediate family members point to “continuous harassment”.

“The evidentiary defences and grounds raised by the appellants do not inspire sufficient confidence to grant the relief of bail at this stage,” the HC said.