MAHESH VANSHKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the case diary. The applicant has filed this first application under Section 439 of Cr.P.C. for grant of bail. Applicant has been arrested on 12/6/2019 by Police Station Dehat Basoda, District Vidisha in connection with Crime No. 119/2019 registered in relation to the offences punishable under Sections 363, 366-A, 376, 376 (2) n of IPC and Section 3/4 and 5/6 of POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant. Story as narrated by the prosecutrix under Section 164 of Cr.P.C. indicates consensual nature of relationship. It appears that both shared emotional relationship and when relations turned soured, result is registration of offence. Applicant is aged 19 years and undertakes that he would not be a source of embarrassment or harassment to the prosecutrix in any manner. He undertakes to cooperate in the investigation. He further undertakes to perform some community services to purge his misdeeds. Learned Public Prosecutor for the State on the basis of case diary opposed the prayer made by the applicant. Considering the submissions advanced by learned counsel for the applicant, the fact situation of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the concerned trial Court subject to the condition that applicant will not move in the vicinity of the prosecutrix and will not be a source of harassment or embarrassment to the prosecutrix or her family members. Further, aforesaid extension of benefit of bail shall be subject to the condition that applicant shall serve the Community Health Centre/Tahsil Hospital Ganj Basoda on every Monday, Tuesday and Wednesday from 10 am to 1 pm for three months and his role would be to assist the doctors/compounder while serving outdoor patients. He would not be allowed to move inside the operation theater and private wards and shall not be a source of infection and discomfort to the patients and concerned duty doctors shall ensure this. In October, 2019, applicant shall submit a report about the works done by him and suggestions, if any for improvement of the system.

(3.) This direction is given looking to the age of the applicant so that he can get a chance to assimilate in the main stream. CMHO/ Hospital Superintendent, District Vidisha shall permit the applicant to work in the outdoor patient department only while assisting the ward boys and male nurses to serve the patients. The services of the applicant shall also be utilized in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basis knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer. It is made clear that applicant shall not be a source of any infection to the patients and would confine himself in the work of cleanliness, registration of patients or those works which may not endanger the interest of any patient. 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. Further as per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 05 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. 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 trial Court alongwith a report within 30 days from the date of release of the applicant. The report shall be submitted by the applicant before the trial Court every month till conclusion of the trial.