Petitioner has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail.
Petitioner apprehends arrest in connection with offences punishable u/Ss.307, 294, 341, 506 and 34 of IPC registered as Crime No.331/2019, by Police
Station Khaniyadana, District Shivpuri (M.P.).
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of anticipatory bail is made out.
Petitioner who has no criminal antecedents is alleged with attempt to murder with the allegation of causing minor injury with lathi. Main accused
appears to be Shiv who has caused injury on the head giving rise to Sec.307 of IPC. Since there is past animosity between the rival parties, possibility
of over/false implication cannot be ruled out.
Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. in the following
terms.
It is hereby directed that in the event of arrest, petitioner-Ritesh shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.
Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the Arresting Authority.
This order will remain operative subject to compliance of the following conditions :-
1. The petitioner shall comply with all the terms and conditions of the bond executed by him;
2. The petitioner shall cooperate in the investigation/trial, as the case may be;
3. The petitioner 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner will not commit an offence similar to the offence of which he is accused;
5. The petitioner shall not seek unnecessary adjournments during the trial;
6. The petitioner shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The petitioner shall mark his presence before the concerned Police Station firstly on 06.12.2019 and thereafter once a week till conclusion of the
investigation.
8. The petitioner shall plant 25 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of petitioner or
at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next
one year by watering the plants and by installing tree guards at his own expenses. In case the petitioner is unable to afford incurring of such expenses,
then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at
concessional/nominal rates available under any beneficial scheme of the Government. The petitioner shall file an affidavit disclosing compliance of this
condition within 30 days in the Registry, failing which this court may consider cancellation of bail.
9. On complying with condition No.8 aforesaid, petitioner is directed to inform the location of plantation made to the Forest Range Officer of the area
concerned who will pass on this information to the DFO concerned.
For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within
which the petitioner reside is directed to assist the petitioner/accused to comply with condition No.8 by extending all possible financial and material
assistance to the petitioner admissible under any of the beneficial scheme for afforestation of the State.
The DFO of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or
through any other officer of the Forest Dept duly authorised in that behalf disclosing as to whether petitioner have complied with condition No.8 or not,
and if yes to what extent?
The learned trial Judge on receiving report of noncompliance of condition No.8 shall forthwith communicate the same to the Registry of this Court.
The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate Bench in shape of PUD.
A copy of this order be sent to the trial Court concerned for compliance.
Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.
A copy of this order be furnished by the Registry of this Court to the concerned District Magistrate and the DFO having territorial jurisdiction over the
place of residence of the petitioner for execution of the order in the interest of the ecology.
For the time being this case stands disposed of.
C.c. as per rules.
