Harendra Alias Banti Rana vs State Of Madhya Pradesh

Present second appeal has been filed under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 28/08/2019 passed by Special Judge (Atrocities), Gwalior ; whereby the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected.

Appellant is in custody in connection with Crime No.216/2019 registered at Police Station Thatipur, District Gwalior for the offence punishable under Sections 354 (d), 376 (x) of IPC and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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 21.08.2019 where charge-sheet has been filed. The applicant has lent Rs.2,00,000/- to the prosecutrix for contesting the election of Municipal Corporator of Municipal Corporation, Gwalior and she contested the same. Later on, when money was asked to return, the same was resulted in registration of the present case. Learned counsel for the appellant referred the affidavit filed by wife of the appellant regarding lending of money as well as election contested. The documents also in support of the submission regarding contest of election is also filed by the appellant. He submits that chance of absconsion is remote because he is in Government job. Chance of tampering with the prosecution evidence is also remote because complainant is resourceful. He prayed that confinement of appellant amounts to pretrial detention.

Learned Public Prosecutor for the respondent No.1/State opposed the prayer.

Learned counsel for the respondent No.2/Complainant also opposed the prayer and submits on oath that no money has been taken. He prayed for dismissal of the application.

Heard learned counsel for the parties.

Considering the fact situation of the case, appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety to the satisfaction of Trial Court.

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 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 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;

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

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 5 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 applicant not only to plant the saplings but also to nurture them. "o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gSA" 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 three months for two 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 is directed to plant 5 saplings/tress at Sirol Hills, near New Collectorate, Gwalior and shall protect the tress on his 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.