Vinod Kumar Soni vs State Of Madhya Pradesh& Anr.

With consent heard finally.

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 07-08-2019 passed by Special Judge (Atrocities), Gwalior whereby the application of the appellant under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected.

Appellant apprehends his arrest in connection with offences punishable u/Ss. 376 and 506 of IPC and Sections 3(2)(v), 3(1)(w)(ii) of the Act registered as Crime No.139/2019 at Police Station Billowa District Gwalior.

It is submitted by learned counsel for the appellant that he is apprehending his arrest on the basis of registration of false case referred above. It is submitted that for last two years appellant and prosecutrix were in relationship and the appellant has lended money to her. Copy of some of the receipts are filed to demonstrate that the appellant lended money and when asked for return, as a counter-blast to exert pressure, this case has been registered. Confinement would bring social disrepute and professional inconvenience. He relied upon the judgment of this Court in the matter of Atendra Singh Rawat Vs. State of Madhya Pradesh and another passed in

Cr.A.No.7295/2018 to submit that anticipatory bail under the provision of Atrocities Act is maintainable. He undertakes to cooperate in investigation and trial and would make himself available as and when required by the investigating officer and trial Court. He further undertakes not to move in the vicinity of prosecutrix in any manner and would not be the source of harassment and embarrassment in any manner and also undertakes to perform some community services. Thus, prayed for grant of anticipatory bail.

On the other hand, learned counsel for the State opposed the bail application and prayed for the dismissal of the same.

Heard learned counsel for the parties and perused the case diary. Considering the submissions made by learned counsel for the parties as well as the fact situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal in the following terms.

It is hereby directed that in the event of arrest, the appellant shall be released on bail on furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/ 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 her;

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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; and

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 appellant, it is hereby directed that appellant shall plant 100 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 report shall be submitted by the appellant before the trial Court every month till conclusion of the trial.

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 regarding compliance. 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 be at liberty to plant these saplings/ trees at an place of his choice in Billowa town, or in nearby area, if he intends to 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 trial Court concerned for compliance.

Certified copy as per rules.