Faeem Khan Mansoori vs State Of Madhya Pradesh

With consent heard finally.

This is the first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 10-08-2019 in connection with Crime No.388/2019 registered at Police Station Kotwali District Datia for the offence punishable under Section 376 of IPC.

It is the submission of learned counsel for the applicant that a false case has been registered against him whereas the applicant and prosecutrix wanted to marry and therefore, they made an application before the Additional District Magistrate (ADM), Datia and objections were invited. On the objections of brother of prosecutrix, proceedings were undertaken by the ADM. He referred notification dated 29-06-2019 issued by the ADM, Datia about the marriage to be performed by the parties. Confinement since 10-08-2019 amounts to pretrial detention. He undertakes to cooperate in investigation and trial, would make himself available on the dates fixed by the trial Court and investigating officer and perform some community service. He further undertakes that he would not move in the vicinity of the complainant party and would not be source of embarrassment and harassment to the complainant party in any manner. He prayed for grant of bail.

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

Learned counsel for the complainant also opposed the prayer and submitted that applicant is extending threat/intimidation to the complainant party and it is difficult to the complainant party to move from Jhansi to Datia. He referred complaint made in this regard. Thus, prayed for rejection of bail applicatio.

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

Considering the fact situation as well as submissions advanced and the fact and circumstances of the case, but without commenting on the merits of the case, this Court intends to allow the bail application. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount, to the satisfaction of the Trial Court concerned.

If required, Station House Officer, Police Station Kotwali District Datia and Investigating Officer as the case may be, shall take all documentary formalities including statements etc. of prosecutrix and her family members by visiting their place at Jhansi (U.P.). Station House Officer shall ensure safety of the prosecutrix in case any threat or intimidation extended by the applicant.

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 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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will not commit an offence similar to the offence of which he is accused;

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

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

Applicant would not move in the vicinity of the complainant and would not extend any threat, inducement or allurement to the prosecutrix or her family members in any manner, otherwise he would be disentitled to the relief granted by this Court.

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 20 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 " 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 progress reports shall be submitted by the applicant before the trial Court on expiry of every two months for three years.

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

The applicant shall plant these saplings/trees at any of the earmarked placed viz. Ambedkar Park, Ward No.34, Purani Housing Board Colony, Ward No.32, Nai Housing Board Colony, Ward No.34, Nagar Palika Park, Ward No.31, Bam-Bam Mahadev Park, Ward No.31, Bhawani Park Kila Chowk, Ward No.13, Gandhi Park, Ward No.13, Govind Singh Park, Ward No.8, Siddharth Colony Ambedkar Park, Ward No.36, In front of Hanuman Gadi, Ambedkar Park, Ward No.29, Datia and shall protect the trees on his 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."

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

Certified copy as per rules.