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Judgment
The applicant has filed this seventh application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 23-11-
2018, in connection with Crime No.758/2018, registered at Police Station, Dabra District Gwalior for the offence punishable under Sections 353, 186,
392 of IPC and Section 11/13 of the MPDVPK Act. Earlier bail applications have been dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and is suffering confinement since 23-11-2018
and for almost 15 months he is suffering incarceration and trial is going on in which prosecution witnesses have not supported the story of prosecution.
Nonetheless he learnt the lesson hard way and would never repeat the same offence in future. He realized the importance of preservation of nature.
Confinement amounts to pretrial detention and looking to the period of custody he be released on bail. It is further submitted that he has planted
several trees to purge his misdeed, if any and protect the environment. He undertakes to cooperate in trial and to appear before the trial court as and
when required and intends to do some community service. Thus, prayed for bail.
Learned Public Prosecutor for the State opposed the prayer and on the basis of Commissioner report (Shri Lokendra Shrivastava as Commissioner)
submitted that certain saplings have been planted but some saplings did not bear leaves. Therefore, the bail application be rejected.
Considering the submissions advanced, looking to the facts and circumstances of the case and long period of custody as well as the fact that the
applicant has realized importance of preservation of nature and would mend his ways, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac Only), with two solvent sureties of the like amount to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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