Madhya Pradesh High Court
Deepak @ Dalchandra Agrawal vs The State Of Madhya Pradesh on 26 August, 2019
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 26377/2019
(Deepak @ Dalchandra Agrwal Vs. State of M.P.)
Gwalior Bench:
Dated :26.08.2019
Shri Rakesh Kumar Dubey, learned counsel for the
applicant.
Shri Manish Nayak, learned Public Prosecutor for the
respondent/State.
None for respondent No. 2, though served and intimated. The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested on 25.05.2019 by Police Station Bahodapur District Gwalior in connection with Crime No. 330/2019 registered in relation to the offence punishable under sections 370, 372, 373, 376, 344, 34 of IPC, Section 3/4 of Protection of Children from Sexual Offences Act and Section 3, 5, 7 of the Immoral Traffic Prevention Act 1956.
It is the submission of learned counsel for the applicant that a false case has been registered against the applicant. The statement of prosecutrix recorded under Section 164 of Cr.P.C. indicates the exact nature of allegation. Said statement is not implicative in nature. Even though, the charge sheet has already 2 been filed. Confinement since 25.05.2019 amounts to pre trial detention. He undertakes to cooperate in the trial as well as in the investigation and would not move in the vicinity of prosecutrix. He further undertakes to perform community service. Therefore, applicant prayed for grant of bail.
Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application.
Heard the learned counsel for the parties and perused the case diary.
Considering the fact situation as well as submissions advanced and the fact and circumstances of the case, but without commenting on the merits of the case, this Court intends to allow the bail application. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount, to the satisfaction of the Trial Court concerned. This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending 3 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and he would not move in the vicinity/area of the prosecutrix in any manner.
6.The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 10 saplings (either fruit bearing trees or Neem/ Peepal); at Sirol Pahadi, District Gwalior 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 alongwith a report before the concerned trial Court within 30 days from the date of release of 4 the applicant. The progress reports thereafter, shall be submitted by the applicant before the trial Court every month till conclusion of 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, applicant is directed to submit a report regarding progress of the trees and the compliance made by the applicant by placing a short report before this Court every two months (for next six months), which shall be placed under the caption "Direction".
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 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 Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for 5 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 2019.08.27 04:30:07
-07'00'