Tahseeldar vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 03.10.2019, in connection with Crime No.89/2019, registered at Police Station Chinnoni, District-Morena, for the offence under Section 363 of IPC and Sections 3/4 of POCSO Act.

Learned counsel for the applicant submits that false case has been registered against him and he is in confinement since 03.10.2019. Allegations are in respect of facilitating the elopement of prosecutrix with the co-accused Virendra who happens to be cousin of the present applicant. In fact, prosecutix is a disgruntled house wife, she filed divorce petition under Section 13 of Hindu Marrage Act against her husband before the Court of Additional Sessions Judge, Joura on various allegations. Because of her estranged relationship with her husband she came into contact with Virendra and developed emotional intimacy. Virendra and prosecutrix eloped together and are living somewhere at Indore and they do not intend to come back. Confinement amounts to pretrial detention. He undertakes to cooperate in the trial as well as in the investigation as and when required. He undertakes to do some community service. He would not be a source of embarrassment and harassment to the complainant party / prosecution witnesses in any manner. He further undertakes to do some community service. Therefore, he prayed for grant of bail to the applicant.

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 case diary.

Considering the submissions advanced by both the parties, looking to the facts and circumstances of the case, 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 his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only), with a 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 applicant:-

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

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

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

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant shall mark his presence before the police station Chinnoni, District Morena on every Monday between 10 am to 2 pm, till girl is recovered.

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant 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 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 or where he lives if he intends to protect the trees on her owncost by providing tree guards or fencing 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.