Goutam vs State Of Madhya Pradesh

None for the applicant.

Shri Jai Prakash Bhargava, office staff of Office of Advocate General.

Counsel for the parties presumably due to call given by the M.P. High Court Bar Association, Gwalior are abstaining from work because of violence erupted in Tees Hazari Court, New Delhi.

Case diary is available, therefore, bail is considered finally. The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 29-07-2019, in connection with Crime No.49/2018, registered at Police Station Bhaguapura District Datia for the offence punishable under Sections 363, 376 of IPC and under Section 6 of the POCSO Act.

As per pleadings, it appear that case of prosecution was that prosecutrix left her matrimonial home without intimating her brother and and he lodged the FIR. She lived with the applicant for some months and out of relationship she conceived and given birth to a girl child on 08-03-2019 at District Hospital, Bagpat (U.P.). In her statement under Section 161 as well as 164 of Cr.P.C. she admitted that she left her matrimonial home on her own volition and lived with the applicant with consent. Out of wedlock she conceived and given birth to a girl child. Statements are non implicative in nature. As per pleadings, applicant is ready to abide by all the terms and conditions as imposed by this Court. He undertakes to cooperate in trial and to appear before the trial Court as and when required and further undertakes that he would not be a source of harassment and embarrassment to the prosecutrux and her family members and would not move in her vicinity in any manner and intends to do some community service. Thus, prayed for bail.

Considering the pleadings and case diary, looking to the facts and circumstances of the case, 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.50,000/- (Rupees Fifty Thousand Only), with one solvent surety 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:-

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;

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.

The applicant will 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.

It is 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. "ष्वृक्षारोपण के साथ, वृक्षापोषण भी आवश्यक है " 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 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 plant these saplings/ trees at his own choice and 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 District Judge, Datia and trial Court concerned for compliance.

Certified copy as per rules.