Madhya Pradesh High Court
Santosh Nayak vs The State Of Madhya Pradesh on 21 August, 2019
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6771/2019
(Santosh Nayak Vs. State of M.P. & another)
Gwalior, dated : 21.08.2019
Shri Anshu Gupta, learned counsel for the appellant.
Shri H.D. Mishra, learned Public Prosecutor for the
respondent/State.
Appellant has filed this criminal appeal under Section 14- A(2) of the SC and ST (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") against the order dated 31.05.2019 passed by Special Judge (SC/ST Act), District-Vidisha, whereby bail application filed on behalf of appellant has been dismissed by the trial Court.
Appellant has been arrested on 17.04.2019 by Police Station Sironj District Vidisha in connection with Crime No. 126/2019 registered in relation to the offence punishable under sections 354, 376 (2)(M), 34 of IPC, Section 7/8 of Protection of Children from Sexual Offences Act and Section 3(1)(W), 3(2) (v-A) of SC/ST (Prevention of Atrocities) Act.
It is the submission of the counsel for the appellant that a false case has been registered against the appellant. He refered the statement recorded under Section 164 of Cr.P.C. as well as Court statement in which she did not support the story of prosecution and declared hostile. Even otherwise, chance of tempering with the evidence is remote. Confinement since 17.04.2019 amounts to pre trial detention. He undertakes to 2 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6771/2019 (Santosh Nayak Vs. State of M.P. & another) cooperate in the investigation as well as in the trial and would make himself available as and when required. He further undertakes that he would not be a source of embarrassment or harassment to the complainant party in any manner. Learned counsel further submits that the appellant intends to perform some community service. Therefore, prayed for bail.
Learned Public Prosecutor for the respondent-State opposed the prayer and prays for dismissal of the application.
Heard the learned counsel for the parties and perused the record.
Considering the submissions advanced and looking to the fact situation but without commenting on the merits of the case, appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs. 1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of the following conditions by the appellant :-
1. The appellant will comply with all the terms and conditions of the bond executed by him;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such 3 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6771/2019 (Santosh Nayak Vs. State of M.P. & another) facts to the Court or to the Police Officer, as the case may be and would not move in the vicinity of the complainant;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The applicant shall not seek unnecessary adjournments during the trial; and he would not move in the vicinity/area of the prosecutrix in any manner.
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. Looking to the undertaking and intent of the appellant and looking to the fact that water is depleting day by day and this area is anticipated to come under Zero Day zone, it is imperative that appellant must install Water Harvesting System or Water Recharge System in his house in which he is residing within two months from today, if he has not installed the system already. If he has installed the system already, then he shall have to submit proof and photographs regarding this before the trial Court. Appellant shall seek necessary permission required, if any, in this regard from the concerned departments including Municipal Council, Gwalior and authorities shall facilitate and cooperate in this regard for installation of water recharge / harvesting system. Appellant shall have to maintain the said system in future on regular basis. After installation of system, appellant shall submit a report and compliance certificate (if required), as well as photographs in this regard before the registry of this Court, which shall be placed before this Court under the caption "Direction".
This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the applicant to do some work for the betterment of Environment 4 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6771/2019 (Santosh Nayak Vs. State of M.P. & another) and Community. It is earnestly expected that this act of applicant would create an atmosphere of awareness in the public regarding water conservation.
8. It is also directed that applicant shall plant ten 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 but also to nurture them. **o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gSA** 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 concerned trial Court alongwith a report within 30 days from the date of release of the applicant. The progress report shall be submitted by the applicant before the trial Court every month for next one year.
It is also 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 seek a report regarding progress of the trees from the applicant regularly and the compliance made by the applicant be informed by the trial Court to this Court by placing a short report before this Court every month for next one year, which shall be placed under the caption "Direction" before this Court. This way, a vigilance shall be ensured regarding preservation of 5 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6771/2019 (Santosh Nayak Vs. State of M.P. & another) environment. 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 Polytechnic College/ITI College, Sironj District Vidisha if he intends to protect the trees on his own cost by providing tree guards or fencing or he may plant the saplings at the place of his choice in his vicinity/area for which applicant shall have to bear necessary expanses for plantation of the trees and their measures for safeguard.
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.
"It is not the question of Plantation of a Tree but the Germination of a Thought."
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge neetu NEETU SHASHANK 2019.08.21 05:33:21
-07'00'