Prem Singh vs State Of Madhya Pradesh And Another

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 08.10.2018, in connection with Crime No.276/2018, registered at Police Station Gohad, District-Bhind, for the offence punishable under Sections 366, 376 and 506 of IPC and Section 3/4 of POCSO Act.

It is the submission of learned counsel for the applicant that a false case has been registered against him, which is reflected from the statement of prosecutrix (PW-4) recorded under Section 164 of Cr.P.C. in which she does not support the prosecution story and declared hostile. Other material witnesses have already been examined. Therefore, chance of tampering with the evidence is remote. Applicant does not bear any criminal antecedents. Charge-sheet has already been filed. Confinement since 08.10.2018 amounts to pretrial detention. He undertakes to cooperate in the trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the prosecutrix/complainant party in any manner. Therefore, the applicant may be released on bail.

Learned Public Prosecutor for the respondent/State opposed the prayer.

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

Considering the submissions advanced, looking to the facts and circumstances of the case as well as undertaking given above, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a 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 the Trial Court concerned.

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

The applicant shall comply with all the terms and conditions of the bond executed by him;

The applicant shall cooperate in the investigation/trial, as the case may be;

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

The applicant shall not seek unnecessary adjournments during the trial; and he would not move in the vicinity/area of the prosecutrix and he would not be a source of embarrassment and harassment to the complainant in any manner.

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

As per the undertaking given by counsel on behalf of the applicant, 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 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 this 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 this Court on expire of every two months for two years.

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 be at liberty to plant these saplings/ trees at an place of her choice if he intends to protect the trees on his own cost by providing tree guards or fencing or he may plant the saplings at the place of his choice in his vicinity/area 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 Trial Court concerned for compliance.

C.C. as per rules.