Ballu Sahu And Anr. vs State Of Madhya Pradesh And Another

Appellants have filed this criminal appeal under Section 14-A of the SC and ST (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") against the order dated 24.06.2019 passed by Special Judge (SC/ST Act), District-Gwalior whereby bail application filed on behalf of appellants has been dismissed by the trial Court.

Appellants apprehend their arrest for the offence registered at Crime No.54/2019 at Police Station Antri, District Gwalior for the offence punishable under Sections 323, 294, 506, 34 of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act.

It is the submission of the counsel for the appellants that the false case has been registered against the appellants except the provision of Atrocities Act, other offences are bailable in nature. Minor scuffle took place in respect of adjoining land of the parties. Ingredients of offence under the Atrocities Act are not available in the case in hand, but just make the matter stringent against the appellants, Atrocities Act has been imposed. This is the case of free fight. Counsel for the appellants relied upon the judgement rendered by the Hon'ble Apex Court in the case of Gajanand and Ors. Vs. State of U.P. rendered in AIR 1954 SC 695. He further relied upon the cae of

Atendra Singh Rawat Vs. State of M.P.and Anr. passed in Cr.A.No.7295/2018 and submits that anticipatory is maintainable and no offence is made out prima facie. Case is such. Confinement would bring the social disrepute and personal inconvenience. They undertake to cooperate in the investigation/trial and would make themselves available if required. They would not be a source of embarrassment or harassment to the complainant party in any manner. They also undertake to perform some community service. Therefore, prayed for grant of anticipatory 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 record.

Considering the submissions advanced and looking to the fact situation but without commenting on the merits of the case, appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount to the satisfaction of Investigating Agency/Arresting Officer.

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

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

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

The appellants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be and would not move in the vicinity of the complainant;

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

The appellants will not seek unnecessary adjournments during the trial;

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

The applicants shall mark their presence before concerned Police Station/Investigating Officer on every Monday between 10:00AM to 02:00 PM till filing of charge-sheet.

As per the undertaking given by counsel on behalf of the appellants, it is hereby directed that applicant shall plant 2 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 appellants not only to plant the saplings but also to nurture them. "वृक्षारोपण के साथ, वृक्षापोषण भी आवश्यक है ।" They 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, they shall have to submit all the photographs of plantation of trees/ saplings before this Court alongwith a report within 30 days from the date of release of the appellants. The progress report shall be submitted by the appellants before this Court every month till filing of the charge-sheet.

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

The appellants shall be at liberty to plant these saplings/ trees at an place of her choice if they intend to protect the trees on their own cost by providing tree guards or fencing or they may plant the saplings at Sirol Hill near New Collectorate, Gwalior for which appellants 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.

C.C. as per rules.