Recently, the MP High Court has granted bail to a Rape Accused with the condition that the accused shall plant a fruit-bearing tree or Neem/Peepal Tree and shall also maintain the same and submit a report to the Court.
An Application for grant of Bail was moved by Applicant arrested on 09.02.2021 for charges under section 376 (Rape) and 506 IPC.
Counsel for the applicant submitted that a case has been registered against the accused and he is suffering confinement since 09-02-2021 whereas charge-sheet has already been filed.
He further submitted that it is a case of delayed FIR where FIR was registered after 20 days of occurrence of incident. It is a case of detected adultery at best. Medical report belies the allegations and no external and internal injury has been sustained by the prosecutrix. He is a boy of aged 19 years and undertakes to perform community service to purge his misdeed, if any, and to make course correction in life. Confinement amounts to pretrial detention, especially when the applicant does not bear any criminal record and when a second wave of COVID -19 pandemic is existing.
Justice Anand Pathak of MP High Court considering the fact situation of the case and looking to the challenging time of COVID-19 pandemic, but without commenting on the merits of the case, directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith one solvent surety of like amount to the satisfaction of trial Court.
The order of granting is subject to some conditions, including the condition that:
- The Accused shall plant a fruit bearing tree or Peepal/Neem Tree.
- He shall take care of the tree and submit photographs of the tree to the court below, within 30 days of release. Thereafter a compliance report shall be submitted every 3 months.
- if the accused fails to maintain these plants, then he will loose the benefit of bail order.
- Accused may spent as per requirement for maintaining the plant.
- Accused can dig a hole of 3-4 feet for plantation of a 6-8 feet long tree.
The Court has observed that this order has been passed in the form of a test case so that the idea of violence and evil eradicate with nature. Presently, the nature of kindness, service, love and compassion is an essential part of human existence that needs to be developed as these are the basic trends of human life and they need to be revived in order to sustain human existence.