Chandan Kushwah vs State Of Madhya Pradesh

Heard on I.A.No.7830/2019, which is an application for amendment in cause title.

Application considered and allowed. Let necessary amendments be carried out across the Board.

At the request of counsel for the applicant, matter is heard finally.

Learned counsel for the parties are heard on second bail application filed under Section 439 of the Cr.P.C. Applicant is in custody since 26/12/2018 in relation to Crime No. 99/2018 registered at Police Station Bahodapur, District Gwalior in reference to offences punishable under Sections 363, 366, 376(2)(i)(n) of IPC and Section 5(l) read with Section 6 of POCSO Act.

It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is in confinement since 26/12/2018. Counsel for the applicant referred the Court statement of prosecutrix (PW/2); wherein, she did not support the story of prosecution and turned hostile, therefore, chance of tampering with the evidence/witness is remote. It is further submitted that looking to the period of custody as well as the fact that prosecutrix did not support the story of prosecution, applicant deserves to be released on bail. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial and would not to be a source of embarrassment or harassment to the complainant party in any manner and will not move in the vicinity of complainant. He further undertakes to perform community service.

Learned counsel for the State opposes the application and prayed for its rejection.

After hearing learned counsel for the applicant, this application is hereby allowed and it is directed that if applicant furnishes a fresh personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousands Only) with one surety bond in the like amount to the satisfaction of trial Court and undertakes that she shall appear regularly during the trial and she shall not remain absent without prior leave of the Court, then she shall be released on bail.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be; and he would not move in the vicinity of complainant party in any manner.

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be and applicant would not be a source of embarrassment or harassment to the complainant in any manner;

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 2 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 three months for two 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 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 or where he lives or at Sirole Hills, Near New Collectorate, Gwalior if he intends to protect the trees on his own cost by providing tree guards or fencing for which applicant shall have to bear necessary expenses 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 trial Court concerned for compliance.

C.c as per rules.