Santosh Kumar Prajapati vs State Of Madhya Pradesh

Appellant has filed this criminal appeal under Section 14-A(2) of the SC and ST (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") against the order dated 22.10.2019 passed by Special Judge (SC/ST Act), District-Shivpuri, whereby bail application filed on behalf of appellant has been dismissed.

Appellant is apprehending his arrest for the offence registered at Crime No. 201/2019 at Police Station Bhonti District Shivpuri for the offence punishable under Sections 366, 376, 506 of IPC and Section 3(1)(w)(1), 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989.

It is the submission of the counsel for the appellant that case has been registered against the appellant at the instance of complainant and he is apprehending his arrest on the basis of registration of such false case. Prosecutrix and appellant were in imotional proximity before her marriage and after her mariage instead of consummating the marriage she wanted to live with the appellant and, therefore, on her own volition she left her matrimonial home and lived with the appellant for three months. At the instance of complainant (husband of prosecutrix) case has been registered and after recovery, due to social pressure prosecutrix made statement against the appellant. In FIR itself, aquintance of prosecutrix with the appellant has been referred by the complainant. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/ trial and would make himself available if required. He further undertakes that he would not be a source of embarrassment or harassment to the complainant party. Therefore, prayed for grant of anticipatory bail.

Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application.

Heard the learned counsel for the parties and perused the record.

Considering the submissions advanced and looking to the fact situation but without commenting on the merits of the case, appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Officer/Investigating Authority.

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.

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant two saplings (either fruit bearing trees or Neem/Peepal) at his vicinity 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, वृक्षापोशण भी आवश्यक है।"He shall plant saplings/ trees preferably of 6-8 ft., and either in the vicinity or at some safe place earmarked for plantation by forest department 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 report shall be submitted by the applicant before the trial Court every month for next one year.

It is also 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 seek a report regarding progress of the trees from the applicant regularly and the compliance made by the applicant be informed by the trial Court to this Court by placing a short report before this Court every month for next year, which shall be placed under the caption "Direction" before this Court. This way, a vigilance shall be ensured regarding preservation of environment.

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 his 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 its vicinity/area for which applicant shall have to bear necessary expanses 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.