Dinesh vs State Of Madhya Pradesh

This is first application under Section 438 of Cr.P.C. filed on behalf of the applicant. Applicant is apprehending his arrest in connection with Crime No. 591/2019 registered at Police Station Morar, District-Gwalior for the offence punishable under Section 420 and 34 of IPC.

Applicant apprehends his arrest on the basis of registration of offence as referred above. Father of the applicant entered into an agreement with the complainant in 2014, which cannot be materialized and therefore, fresh agreement has been executed in 2018 whereby the land which was earlier promised to be sold by the father of the applicant to complainant again agreed to return back the money, still complainant filed a report on which offence has been registered. No direct/ indirect role is attributable over the applicant in the case in hand. Confinement would bring social disrepute and personal inconvenience to the applicant. Without any criminal antecedents, applicant may suffer confinement. Chance of absconsion is remote. He undertakes to cooperate in the investigation as well as trial and would make himself available as and when required. He would not be a source of harassment and threat to the complainant in any manner. He further undertakes to do some community service. Under these circumstances, he prayed for grant of anticipatory bail.

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

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

Considering the submissions advanced, looking to the totality of the circumstance, without expressing any opinion on the merits of the case, application is allowed. It is directed that in the event of arrest, applicant -Dinesh s/o Shri Man Singh shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety of like amount to the satisfaction of the Arresting Authority.

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 would not extend any inducement, threat, allurement, or promise to complainant or 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 applicant shall not commit an offence similar to the offence of which he is accused.

The applicant will not seek unnecessary adjournments during the trial;

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

The applicant would not be a source of embarrassment and harassment to the complainant party in any manner.

Looking to the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 5 saplings either fruit bearing or Neem and Peepal etc. 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, वृक्षापोषण 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 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 applicant from benefit of bail.

The applicant is directed to plant these saplings/ trees 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 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.