Madhya Pradesh High Court
Rakesh Kumar Meena vs The State Of Madhya Pradesh on 1 October, 2019
HIGH COURT OF MADHYA PRADESH
1 Cr.A. No.8351/2019
(Rakesh Kumar Meena Vs. State of M.P. and Another)
Gwalior Bench:
Dated:01/10/2019
Shri Arun Dudhawat, learned counsel for the appellant.
Shri M.M. Tripathi, learned Public Prosecutor for the
respondent-State.
The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'SC & ST Act') against the order dated 08/08/2019 passed by Special Judge (SC & ST) Act, Vidisha whereby application under Section 438 of Cr.P.C. for grant of anticipatory bail has been rejected by the trial Court.
Appellant is apprehending his arrest in connection with Crime No.395/2019 registered at Police Station Kotwali, District- Vidisha for the offence under Sections 376 and 506 of IPC and Section 3(2)(v) of SC & ST Act.
It is the submission of learned counsel for the appellant that a false case has been registered and appellant is apprehending his arrest on the basis of registration of offence referred above. Contents of the FIR indicates improbable events. For seven years since 2012, prosecutrix was in illicit relationship with the appellant and later on, when adultery detected, she filed a complaint just to wriggle out of the allegation of leading adulterous life. Confinement would bring social disrepute and personal inconvenience to the appellant. He referred the judgment rendered by this Court in the case of Atendra HIGH COURT OF MADHYA PRADESH 2 Cr.A. No.8351/2019 (Rakesh Kumar Meena Vs. State of M.P. and Another) Singh Rawat Vs. State of M.P. & Others, 2019 (2) MPLJ (cri.) 481 to submit that anticipatory bail is maintainable. He undertakes not to move in the vicinity of the prosecutrix and her family members and would not be a source of embarrassment and harassment to the prosecutrix and her family members. Appellant further undertakes to cooperate in the investigation as well as trial and would make himself available as and when required. He further undertakes to do some community service. Thus, he prayed for grant of bail.
On the other hand, learned counsel for the respondent-State opposed the prayer and prayed for dismissal of the appeal.
Heard the learned counsel for the parties and perused the case diary.
Considering the submissions made by learned counsel for the parties as well as the fact situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal, but with certain stringent conditions. It is hereby directed that in the event of arrest, appellant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Arresting Authority/ Investigating Officer.
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;
HIGH COURT OF MADHYA PRADESH 3 Cr.A. No.8351/2019 (Rakesh Kumar Meena Vs. State of M.P. and Another)
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. As per the undertaking given by learned counsel on behalf of the appellant, it is hereby directed that appellant shall plant 10 saplings (either fruit bearing trees or Neem and Peepal) alongwith tree guards or has to make arrangement for fencing for protection of the trees because it is the duty of the appellant not only to plant the saplings 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 concerned trial Court alongwith a report within 30 days from the date of release of the appellant. The report shall be submitted by the appellant before the trial Court concerned on 1st of every month.
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 HIGH COURT OF MADHYA PRADESH 4 Cr.A. No.8351/2019 (Rakesh Kumar Meena Vs. State of M.P. and Another) casualness shown by the appellant regarding compliance. Therefore, trial Court is directed to submit a report regarding progress of the trees and the compliance made by the appellant by placing a short report before this Court every quarterly (every three months), which shall be placed under the caption "Direction" before this Court. Any default shall disentitle the appellant from benefit of bail.
The appellant is directed to plant these saplings/ trees in his vicinity or at an place of his choice, if he intends to protect the trees on his own cost by providing tree guards or fencing, for which appellant shall have to bear necessary expenses 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 trial Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak)
vc Judge
Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
VARSHA PRADESH, postalCode=474001, st=Madhya
Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf20e67d1 CHATURVEDI 1d7f91045d81139f6792fbd4ae91f, 2.5.4.45=0321008AE87CF73A0689160B013BB56 7F9F88C3A679353F0F90ADCBE50246904A64CB B, cn=VARSHA CHATURVEDI Date: 2019.10.01 18:15:25 -07'00'