Balkishan vs State Of Madhya Pradesh And Another

The present appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'SC & ST Act') against the order dated 28/06/2018 passed by Special Judge (SC & ST) Act, Vidisha whereby application under Section 439 of Cr.P.C. for grant of bail has been rejected by the trial Court.

Appellant has been arrested in connection with Crime No.136/2016 registered at Police Station Kurwai, District-Vidisha for the offence punishable under Sections 363, 366, 376 and 34 of IPC and Section 3/4 of POCSO Act and Section 3(1)(w-ii), 3(2)(v) and 3(2)(va) of SC and ST Act.

It is the submission of learned counsel for the appellant that false case has been registered against him and he is suffering confinement since 29/05/2018. He referred the statement of prosecutrix (PW-4) and submits that other witnesses of the prosecution have also made their statements therefore, chance of tempering with the evidence is remote. Even otherwise, allegation of rape is attributable over co-accused Prakash. Appellant undertakes to cooperate in the trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant / prosecutrix in any manner. He further undertakes to do some community service. Under these circumstances, he prayed for grant of bail.

Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the appeal.

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 situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal in the following terms. It is hereby directed that appellant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned.

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

The appellant will comply with all the terms and conditions of the bond executed by him;

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

The appellant 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 appellant shall not commit an offence similar to the offence of which he is accused;

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

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

The appellant would not move in the vicinity of the prosecutrix/ complainant and would not be a source of embarrassment and harassment to her else, he shall be dis-entitled for the benefit of bail.

As per the undertaking given by learned counsel on behalf of the appellant, it is hereby directed that appellant 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 appellant 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 appellant. The report shall be submitted by the appellant 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 appellant regarding compliance. Therefore, trial Court is directed to submit a report regarding progress of the trees and the compliance made by the appellant 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 appellant from benefit of bail.

The appellant is directed to plant these saplings/ trees in his vicinity or at an place of his choice, if he intends to protect the trees on his own cost by providing tree guards or fencing, for which appellant 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 trial Court concerned for compliance.

Certified copy as per rules.