Arvind Rawat And Ors vs State Of M.P.

Learned counsel for the rival parties are heard.

This is first application u/S. 438 Cr.P.C. for grant of anticipatory bail by the petitioners.

Petitioners apprehend their arrest in connection with offences punishable u/Ss. 452, 323, 294/34 IPC registered as Crime No. 203/19, by Police Station Bhitarwar, District Gwalior (M.P.).

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Allegations of house trespass and causing of minor injuries are made against the petitioners. Cross-case bearing Crime No. 202/19 has also been registered against the complainant party and therefore possibility of over /false implication cannot be ruled out.

In view of above facts, this court though is inclined to extend benefit of bail to the petitioners but with certain stringent conditions.

Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application under section 438 of Cr.P.C. in the following terms.

It is hereby directed that in the event of arrest, the petitioners shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) in case of each of petitioner with two solvent sureties each of Rs.25,000/- to the satisfaction of the Arresting Authority.

This order will remain operative subject to compliance of the following conditions :-

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

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

The petitioners 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioners shall not commit an offence similar to the offence of which they are accused;

The petitioners will not seek unnecessary adjournments during the trial;

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

The petitioners shall mark their presence at the concerned Police Station firstly on 26/8/2019 and thereafter once every week till conclusion of investigation.

The petitioners shall plant 25 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of petitioner or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at their own expenses. In case the petitioners are unable to afford incurring of such expenses, then they would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. The petitioners shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.

For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within which the petitioners reside is directed to assist the petitioners/accused to comply with condition No.8 by extending all possible financial and material assistance to the petitioners admissible under any of the beneficial scheme for afforestation of the State.

The DFO of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or through any other officer of the Forest Dept duly authorized in that behalf disclosing as to whether petitioner has complied with condition No.8 or not, and if yes to what extent?

The learned trial Judge on receiving report of noncompliance of condition No.8 shall forthwith communicate the same to the Registry of this Court.

The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate Bench in shape of PUD.

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

Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.

A copy of this order be furnished by the Registry of this court to the concerned District Magistrate and the DFO having territorial jurisdiction over the place of residence of the petitioner for execution of the order in the interest of the ecology.

For the time being this case stands disposed of.

C.c. as per rules.