Abdul Sakur vs State Of Madhya Pradesh And Another

This is second bail application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 23/06/2019 in connection with Crime No.91/2019 registered at Police Station Pichhore, District-Gwalior for the offence punishable under Sections 354, 342 and 506 of IPC and Section 7 and 8 of POCSO Act.

It is the submission of learned counsel for the applicant that a false case has been registered against him and he is suffering confinement since 23/06/2019. Charge-sheet has already been filed and in trial victim and other witnesses are not turning up for making statement. Even otherwise, contents of the FIR and the statement indicates an improbable event. Spot map indicates that the place of incident was a crowded place and such incident could not have been occurred. He undertakes to cooperate in the trial and would make himself available as and when required. He would not move in the vicinity of the prosecutrix and would not be a source of embarrassment and harassment to the complainant/ prosecutrix in any manner. He further undertake to do some community service. Under these circumstances, applicant prayed for grant of bail.

Learned counsel for the respondent-state opposed the prayer and prayed for its dismissal.

Learned counsel for the complainant also opposed the prayer.

Heard the learned counsel for the parties and perused the case diary.

Considering the submissions made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that applicant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

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.

The applicant will not be a source of embarrassment and harassment to the prosecutrix and would not move in the vicinity of the prosecutrix.

The applicant shall appear before the Police Station Pichhore, District-Gwalior on every Monday between 10 am to 1 pm till conclusion of trial.

As per the undertaking given by learned counsel on behalf of the applicant, it is hereby directed that applicant shall plant 5 saplings, (either fruit bearing trees or Neem and 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, वृक्षापोशण 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 report shall be submitted by the applicant before the trial Court concerned on 1st of every month.

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 shall disentitle the applicants from benefit of bail.

The applicant is directed to plant these saplings/ trees at the place of their choice, if he intend 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 Court concerned for compliance.

Certified copy as per rules.