Madhya Pradesh High Court
Raghvendra Rawat vs The State Of Madhya Pradesh on 4 October, 2019
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.38569/2019
Raghvendra Rawat Vs. State of Madhya Pradesh
Gwalior Bench: Dated: 04/10/2019
Shri H.S. Rana, learned counsel for the applicant.
Shri Anoop Nigam, learned PL for respondent No.1/State.
Shri Vijay Kumar Narwariya, learned counsel for respondent No.2.
With consent heard finally.
This is the first bail application under Section 439 of Cr.P.C. on behalf of the applicant. The applicant is in custody since 26-08-2019 in connection with Crime No.231/2019 registered at Police Station Bhitarwar District Gwalior for the offence punishable under Sections 376, 354, 323, 506, 34 of IPC and Sections 3/4, 9(1) of the POCSO Act.
It is submitted by learned counsel for the applicant that he has been falsely implicated in the case. He is suffering confinement since 26-08-2019. Charge-sheet has already been filed and no incriminating document or material has been seized to indicate that the applicant was involved in the offence. Although mobile of the applicant has been seized and referred for data retrieval from Cyber Cell, M.P. Police but report has not been sent yet despite repeated opportunities given to counsel for the State. Learned counsel for the applicant further submitted that temporary bail be granted to the applicant till data retrieval report is obtained from the Cyber Cell. Applicant HIGH COURT OF MADHYA PRADESH M.Cr.C.No.38569/2019 undertakes to cooperate in trial and as and when required by the trial Court he will make himself available. He further undertakes that he would not be the source of harassment and embarrassment to the prosecutrix and her family in any manner and would perform some community services. Thus, prayed for grant of bail.
On the other hand, learned counsel for the State on the basis of case diary opposed the bail application and prayed for dismissal of bail application.
Heard the counsel for parties and perused the case diary. Considering the submissions made by learned counsel for the parties as well as the fact that data retrieval report from Cyber Cell, Bhopal shall take time, without expressing any opinion on merits of the case, temporary bail for a period of four weeks i.e. till 04-11-2019 is granted. 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 two solvent sureties each of Rs.50,000/- to the satisfaction of the trial Court.
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;
HIGH COURT OF MADHYA PRADESH M.Cr.C.No.38569/2019
3. The applicant 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 facts to the Court or to the Police Officer, as the case may be.
4. The applicant will 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
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 5 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 reports shall be submitted by the applicant before the trial Court on expiry of every two months for three years. 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 HIGH COURT OF MADHYA PRADESH M.Cr.C.No.38569/2019 compliance made by the applicant 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 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.
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 and Investigating Officer be intimated accordingly.
List on 05-11-2019.
Meanwhile Cyber Cell shall submit report positively on the next date of hearing.
Certified copy as per rules.
(Anand Pathak)
Anil* Judge
ANIL KUMAR
CHAURASIYA
2019.10.04
15:29:25
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