Madhya Pradesh High Court
Annu vs The State Of Madhya Pradesh on 13 August, 2019
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.32939/2019
(Annu Vs. State of M.P. & Anr. )
Gwalior Bench:
Dated 13/08/2019
Shri D.S.Kushwah, learned counsel for the applicant.
Shri Manoj Dwivedi, learned PP for respondent/State.
Shri K.K.Chaturvedi, learned counsel for the respondent No. 2/complainant.
Heard learned counsel for the parties and perused the case diary. The applicant has filed this second application under Section 439 of Cr.P.C. for grant of bail. First application of the application preferred vide M.Cr.C.No. 26550/2019 stood dismissed as withdrawn vide order dated 23/7/2019.
Applicant has been arrested on 27/5/2019 by Police Station Rawatpura, District Bhind in connection with Crime No. 42/2019 registered in relation to the offences punishable under Sections 363, 366- A, 376, 120-B of IPC and Section 3/4 of POCSO Act.
At the outset,learned counsel for the applicant submits that main accused are Mahendra, Suraj Singh, Lalla and Mithun, whose names have been referred in FIR as well as statement under Sections 161 and 164 of Cr.P.C. Name of the present applicant does not figure in FIR nor statement under Section 161 of Cr.P.C. First time, his name surfaced in statement under Section 164 of Cr.P.C, therefore, applicant has been falsely implicated. He is in confinement since 27/5/2019 and after the dismissal of first bail application on 23/7/2019, charge sheet has been filed on 25/7/2019. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in the trial and would not be a source HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.32939/2019 (Annu Vs. State of M.P. & Anr. ) of embarrassment or harassment to the prosecutrix or her family members. He further undertakes to perform some community services to purge his misdeeds.
Learned Public Prosecutor for the State on the basis of case diary opposed the prayer made by the applicant.
Considering the submissions advanced by learned counsel for the applicant, the fact situation of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac only) with one solvent surety of like amount to the satisfaction of the concerned trial Court subject to the condition that applicant will not move in the vicinity of the prosecutrix and will not be a source of harassment or embarrassment to the prosecutrix or her family members.
Further, aforesaid extension of benefit of bail shall be subject to the condition that applicant shall serve the District Hospital, Jalaun, U.P. on every Monday and Tuesday from 10 am to 1 pm for six months and his role would be to assist the doctors/compounder while serving outdoor patients. He would not be allowed to move inside the operation theater and private wards and shall not be a source of infection and discomfort to the patients and concerned duty doctors shall ensure this. In January, 2020, applicant shall submit a report about the works done by him and suggestions, if any for improvement of the system.
HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.32939/2019 (Annu Vs. State of M.P. & Anr. ) This direction is given looking to the age of the applicant so that he can get a chance to assimilate in the main stream. CMHO/ Hospital Superintendent, District Jalaun, U.P., shall permit the applicant to work in the outdoor patient department only while assisting the ward boys and male nurses to serve the patients. The services of the applicant shall also be utilized in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basis knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer. It is made clear that applicant shall not be a source of any infection to the patients and would confine himself in the work of cleanliness, registration of patients or those works which may not endanger the interest of any patient.
This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.
Further as per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 05 saplings (either fruit bearing trees or Neem/ Peepal) alongwith tree guards or has to make arrangement for fencing for protection of the trees because it is the duty of the applicant not only to plant the saplings HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.32939/2019 (Annu Vs. State of M.P. & Anr. ) but also to nurture them. ** o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gS A** He shall plant saplings/ trees preferably of 6-8 ft., so that they would grow into full fledged trees at an early time. For ensuring the compliance, he shall have to submit all the photographs of plantation of trees/ saplings before the trial Court alongwith a report within 30 days from the date of release of the applicant. The report shall be submitted by the applicant before the trial Court every month till conclusion of the trial.
It is the duty of the trial Court to monitor the progress of the trees because human existence is at stake because of the environmental degradation and Court cannot put a blind fold over any casualness shown by the applicant regarding compliance. Therefore, trial Court is directed to submit a report regarding progress of the trees and the compliance made by the applicant by placing a short report before trial Court every quarterly (every three months), which shall be placed under the caption "Direction" before this Court.
Any default on behalf of applicant in plantation or caring of trees shall disentitle the applicant from enjoying the benefit of bail.
The applicant shall be at liberty to plant these saplings/trees at an place of his choice in his vicinity, if he intends to protect the trees on his own cost by providing tree guards or fencing.
This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards HIGH COURT OF MADHYA PRADESH 5 M.Cr.C.No.32939/2019 (Annu Vs. State of M.P. & Anr. ) Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.
"It is not the question of Plantation of a Tree but the Germination of a Thought."
CMHO and District Judge, District Jalaun be informed accordingly.
Any breach of condition or any activity contrary to the interest of patients and public would render the applicant dis-entitled from the relief granted by this Court.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge jps/-
JAI PRAKASH SOLANKI 2019.08.13 17:44:03 +05'30'