Mohd. Gufran vs State Of Madhya Pradesh

This is the first application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in a case registered at Crime No.475/2019 at Police Station Inderganj, District Gwalior for the offence under Section 376 (2)(n) of the IPC.

As per the submission and pleadings of the application, it appears that the applicant and prosecutrix were studying together in B.Sc.Nursing where they developed emotional and physical relationship and thereafter marriage has been solemnized by way of Nikah. Now both want to live as couple but because of misunderstanding, false case has been registered against him. Applicant submits that he is ready to keep the prosecutrix as his wife for his life time and would keep her in his family fold. He undertakes to cooperate in investigation and trial and would make himself available as and when required by the investigating officer and trial Court and also undertakes that he would not be the source of harassment and embarrassment to the complainant party in any manner and he further intends to do some community service. Consequently, he prayed for bail of anticipatory nature.

Complainant submits that she has married and she intends to live with the applicant as his wife. Mother of prosecutrix also nodded in affirmative. She submits that she has no objection if bail is granted because now both, applicant and prosecutrix are living as couple. Considering the submissions and pleadings of the case, without expressing any opinion on the merits of the case, I intend to allow this bail application. It is directed that applicant shall be released on bail in case of his arrest on his furnishing personal  bond  in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of Arresting Authority/Investigating Officer.

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/her 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.

As per the undertaking given by applicant, it is hereby directed that applicant shall plant 10 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. वृक्षारोपण के साथ, वृक्षापोषण भी आवश्यक है।She 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, she 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 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.