Sadik Khan vs State Of Madhya Pradesh

This is the second bail 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.237/2019 at Police Station Physical, District Shivpuri for the offence under Sections 354, 354(ga), 294, 323, 506-B/34 of IPC and Section 7/8 of the POCSO Act. His earlier bail application was dismissed as withdrawn because the applicant was stated to be juvenile while he was major, therefore, this repeat bail application.

It is submitted by learned counsel for the applicant that on the basis of registration of case on false pretext, he is apprehending his arrest. Earlier bail application M.Cr.C.No.48399/2019 was dismissed as withdrawn by the present applicant vide order dated 25-11-2019 because applicant was under the impression that he is juvenile but later on, he searched certain documents and on the strength of those documents it is apparently clear that his date of birth is 10-07-2001 and therefore, at the time of commission of offence he was major and therefore, his case was also be tried by regular trial Court rather than Juvenile Justice Board. He clearly declares the status of being Major.

It is further submitted by learned counsel for the applicant that main allegations for the offence under Section 354 of IPC are against the co-accused Bhau alias Salman Khan whose bail application has already been dismissed by this Court vide order dated 09-12-2019 in M.Cr.C.No.49960/2019. Even otherwise he already surrendered before the police, therefore, the present applicant has been falsely implicated. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in investigation and would make himself available as and when required by the investigating officer 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.

On the other hand, learned Public Prosecutor submits that there is named FIR against the applicant,  therefore, prayed  for  dismissal of the application.

Considering the submissions of learned counsel for the applicant as well as fact situation 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.50,000/- (Rs. Fifty Thousand 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 counsel on behalf of the 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.