Madhya Pradesh High Court
Rinku Adiwasi vs The State Of Madhya Pradesh on 30 August, 2019
Author: Anand Pathak
Bench: Anand Pathak
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 35831/2019
(Rinku Adiwasi Vs. State of M.P.)
Gwalior Bench:
Dated :30.08.2019
Shri J. P. Mishra, learned counsel for the applicant.
Shri Sanjeev Mishra, learned Public Prosecutor for the
respondent/State.
The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested on 25.06.2019 by Police Station Dinara District Shivpuri in connection with Crime No. 164/2019 registered in relation to the offence punishable under sections 366, 376, 344, 34 of IPC.
It is the submission of learned counsel for the applicant that a false case has been registered against the applicant. Narration of the story indicates that she left her maternal home on her own volition because nowhere in her statement recorded under Section 164 of Cr.P.C. fact regarding forcible abduction appears. She left with the applicant for 10-12 days and thereafter she informed her location to her parents and after 2-3 days of information, parents came to the prosecutrix for taking her back to their home. Prosecutrix is aged around 19 years and it appears that it was a matter of consent. Charge sheet has already been filed and confinement since 25.06.2019 amounts to pre trial 2 detention. He undertakes to cooperate in the trial as well as in the investigation and would not be a source of embarrassment and harassment to the complainant party in any manner. 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.50,000/- (Rupees Fifty Thousand 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.
7. As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant two saplings (either fruit bearing trees or Neem/Peepal) at his vicinity 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., and either in the vicinity or at some safe place earmarked for plantation by forest department 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 4 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 year, which shall be placed under the caption "Direction" before this Court. This way, a vigilance shall be ensured regarding preservation of 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 an place of his choice if he intends to protect the trees on his own cost by providing tree guards or fencing or he may plant the saplings at its vicinity/area or anywhere in Shivpuri District for which applicant shall have to bear necessary expanses for plantation of the trees and their measures for safeguard.
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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 2019.08.31 02:57:35
-07'00'