State of M.P.) changed his course of life and living as peaceful citizen.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.The applicant shall cooperate in the investigation/trial, as the case may be; applicant would not move in the vicinity of complainant party in any manner;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; andAs 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. "o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gSA" He shall plant saplings/ trees preferably of 6-8 ft.This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehend his arrest in connection with Crime No.268/2019, registered at Police Station-Gohad, District Bhind for the offences punishable under Sections 354-A, 354-C, 354-D and 363 of IPC and Section 11/12 of POCSO Act.Learned counsel for the applicant submits that he has apprehension of his arrest on the basis of offence registered as above.The main allegation against the co-accused Sahdev Khare.Prosecutrix was in relationship with the said person and only allegation against the applicant is that he has seen couple together and therefore, he wanted some favour.The statement initially recorded under Section 161 of Cr.P.C. was non-implicative.Prosecutrix wants to live separately and did not want to go with her parents and therefore, ordered for Nariniketan, thereafter, Juvenile Justice Board.She made statement against the present applicant.He fairly submits that he has 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.36681/2019 (Guddu alias Vishwnath Singh Vs.He also would not move in the vicinity of complainant party in any manner.Therefore, under these undertakings, the applicant may be given the benefit of anticipatory bail.Learned Public Prosecutor for the State opposed the prayer made by the applicant.Heard learned counsel for the parties and case diary perused.Considering the submissions and facts and circumstances of the case, 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 HIGH COURT OF MADHYA PRADESH M.Cr.C. No.36681/2019 (Guddu alias Vishwnath Singh Vs., so 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.36681/2019 (Guddu alias Vishwnath Singh Vs.State of M.P.) 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 the place where he lives or place of his choice 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 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.36681/2019 (Guddu alias Vishwnath Singh Vs.State of M.P.) 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.(Anand Pathak) Judge Rashid RASHID KHAN 2019.09.13 18:18:45 +05'30'

Sections cited: Section 363 in The Indian Penal Code