Arvind Rajput And Others vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 12/06/2019 in connection with Crime

No.299/2019 registered at Police Station Kotwali, District-Datia for the offence punishable under Sections 364, 294 and 506 of IPC and Section 11/13

of MPDVPK Act.

At the outset, learned counsel for the complainant on the basis of instructions received, fairly submits that they have no objection if the bail is granted.

They want to settle the matter.

It is the submission of learned counsel for the applicants that false case has been registered against them. Earlier an FIR has been registered at the

instance of present applicants against the complainant because of his elopement with their niece Diksha, but it appears that both entered into nuptial

bond and therefore, in retaliation, husband of the niece caused registration of the FIR against the present applicants and therefore, they are in

confinement since 12/06/2019. They undertake to cooperate in the investigation and trial and would make themselves available on the dates fixed by

the trial Court.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.

Learned counsel for the complainant expressed his no objection and submits that they want to settle the matter. On specific query being made,

complainant-Jashwant also submits that no abduction or coercion has been committed at the instance of the applicants.

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 applicants shall be

released on bail on furnishing personal bonds in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with solvent sureties in the like amount to the

satisfaction of the trial Court concerned for their 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 applicants:-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves 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 applicants will not commit an offence similar to the offence of which they are accused;

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

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

Appreciating the gesture shown by the applicants for doing community service, it is hereby directed that applicants shall plant 3 saplings, 1 sapling by

each applicant (total 3 in number) (either fruit bearing trees or Neem/ Peepal); alongwith tree guards or has to make arrangement for fencing for

protection of the trees in his vicinity, because it is the duty of the applicants not only to plant the saplings but also to nurture them.

, A"" 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 alongwith a report before the concerned

trial Court within 30 days from the date of release of the applicants. The progress reports thereafter, shall be submitted by the applicants before the

trial Court every month till conclusion of trial.

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 applicants regarding compliance. Therefore, applicants are directed to submit a report

regarding progress of the trees and the compliance made by the applicants by placing a short report before this Court every two months (for next six

months), which shall be placed under the caption ""Direction"".

Any default on behalf of applicants in plantation or caring of trees shall disentitle the applicants from enjoying the benefit of bail.

The applicants shall be at liberty to plant these saplings/ trees in their vicinity, if they intend to protect the trees on their 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.

Certified copy as per rules.