Sonu Khan vs State Of Madhya Pradesh

Counsel for both the side are abstaining from work presumably because of the call given by the M.P. High Court Bar Association, Gwalior.

Case diary is available therefore, bail application is considered finally.

This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.555/2019, registered at Police Station-Dabra, District Gwalior for the offences punishable under Sections 498-A, 323, 506 and 34 of IPC and Section 3/4 of Dowry Prohibition Act.

As per pleadings and submissions of bail application and facts/contents of FIR, it appears that applicant has apprehension of his arrest on the basis of offence registered as above. The allegations are highly improbable looking to the social status of the parties and false case has been registered against him. Pleadings incorporated in respect of judgment rendered by Hon'ble Apex Court in the case of Preeti Gupta Vs. State of Jharkhand, (2010) 7 SCC 667. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant. He further undertakes to do some community service. Therefore, under these undertakings, the applicant may be given the benefit of anticipatory bail.

Shri Bhargawa opposed the prayer and prayed for dismissal of this anticipatory bail application.

Heard.

Considering the submissions and facts and circumstances of the case and looking to the contents in the judgment rendered by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar and others reported in (2014) 8 SCC 273, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under Section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Arresting Authority.

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/her 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; and he would not move in the vicinity/area of the complainant party.

The applicant shall not seek unnecessary adjournments during the trial;

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

The applicant shall mark his appearance before the Police Station Dabra, District Gwalior on every Monday and Friday between 10 am to 2 pm till conclusion of the trial.

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. "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 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 shall be at liberty to plant these saplings/trees at an place of his choice, if he intends to protect the trees on his owncost by providing tree guards or fencing or he may plant the saplings at the place of his choice or where he lives 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.

Certified copy as per rules.