Naval Singh vs State Of Madhya Pradesh And Anr.

Present appeal has been filed under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 25-09-2019 passed by Special Judge (Atrocities), Morena whereby the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected.

Appellant is in custody since 14-09-2019 in connection with Crime No.88/2019 registered at Police Station Chinnoni District Morena for the offence punishable under Section 376 of IPC, 3(1)(w), (2) 3 (2)(5) of the Act and Section 3/4 of the POCSO Act.

As per the pleadings of the case, appellant has been falsely implicated in the case. Due to political rivalry, appellant has become scapegoat. No external or internal injury has been caused over the person of the prosecutrix to substantiate the allegations. He is permanent resident of Morena and chance of absconsion is remote. He does not bear the criminal record. Confinement since 14-09-2019 amounts to pretrial detention. Appellant shall not move in the vicinity of prosecutrix in any manner and would not be a source of harassment and embarrassment to the prosecutrix and her family members. He shall cooperate in investigation and would make himself available as and when required by the Investigating Officer and to do some community service.

Representative of the Advocate General Office opposed the prayer and prayed for dismissal of bail application.

Perused the pleadings and case diary.

Considering the pleadings and case diary, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the appeal is allowed. It is directed that the appellant shall be released on bail on his furnishing 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 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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

The appellant will 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.

It is directed that appellant shall plant 10 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 appellant 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 appellant. The progress reports shall be submitted by the appellant 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 appellant regardingcompliance. 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 on behalf of appellant in plantation or caring of trees shall disentitle the appellant from enjoying the benefit of bail.

The appellant shall plant these saplings/ trees at his own choice and 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 District Judge, Morena and trial Court concerned for compliance. Certified copy as per rules.