Shobharam Tiwari vs The State Of Madhya Pradesh on 23 September, 2019

[Cites 9, Cited by 1]

Madhya Pradesh High Court

Shobharam Tiwari vs The State Of Madhya Pradesh on 23 September, 2019

The applicant has filed this first application under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No. 57/2017 registered at police station Chinnoni, District Morena for the offence punishable under Sections 366, 376-D, 506, 392 of IPC and Section 11/13 of MPDVPK Act.

It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is apprehending his arrest on the basis of registration of offence referred above. It is submitted that the applicant is not fleeing from the course of justice and not concealed himself because his name does not figure in FIR and he has apprehension that father of the proseuctrix has registered the offence against the co-accused Kalli@ Malla who has been given benefit of bail under Section 439 of Cr.P.C. Although, farari panchnama has been made by the police authority in July, 2017 but later on he was asked to give sample for DNA test in May, 2018 and the report came in August, 2018 in which nowhere stated that the present applicant is involved in the case in respect of offence under Section 376 of IPC and, therefore, it 2 can be safely presumed that Investigating Authority never wanted the applicant for investigation or for any other purpose. Confinement would bring social disrepute and personal inconvenience and he undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required and would not be source of embarrassment and harassment to the complainant party in any manner and would not be abscond. Learned counsel further submits that the applicant intends to perform some community service. Therefore, prayed for grant of anticipatory bail.

On the other hand, 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, 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 Investigating Officer/Arresting Officer.

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 3 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 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

6.The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant shall mark his presence before the concerned police station/ Investigating Officer on every Monday between 10:00 AM to 2:00 PM till filing of the charge-sheet.

7. As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that the applicant shall plant 05 saplings (either fruit bearing trees or Neem/Peepal) at Pitrawan, Tehsil and District Morena 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 4 earmarked for plantation by forest department so that they would grow into full fledged trees at an early time. For ensuring the compliance, they 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 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 Pitrawan, Tehsil and District Morena and its 5 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)
neetu                                                      Judge
        NEETU
        SHASHANK
        2019.09.23
        05:54:02
        -07'00'

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