ORDER

1. This is first bail application under section 439 of CrPC on behalf of the applicant, who is in custody since 25.7.2019 in connection with Crime No. 185/2019 registered at Police Station Dehat, District-Shivpuri for the offence punishable under sections 363, 366, 376 of IPC r/w section 3/4 of POCSO Act.

2. It is the submission of learned counsel for the applicant that a false case has been registered against him. Narration of story indicates consensual nature of relationship shared by the parties. It appears that both the parties have solemnized marriage and now they are living as married couple. Confinement since 25.7.2019 amounts to pre trial detention. Applicant undertakes to cooperate in the investigation as well as trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant /prosecutrix in any manner. He further undertakes to do some community service. Under these circumstances, he prayed for grant of bail.

3. Learned Panel Lawyer for the respondent-state opposed the prayer and prayed for its dismissal.

4. Heard the learned counsel for the parties and perused the case diary.

5. Considering the submissions made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without expressing any opinion on merits of the case, the application filed under section 439 of CrPC is allowed. It is directed that applicant shall 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 the like amount to the satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

6. This order will remain operative subject to compliance of the following conditions by the applicant :

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant 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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The applicant will not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant will not move in the vicinity of the prosecutrix and would not be a source of embarrassment and harassment to the complainant party in any manner.

7. A copy of this order be sent to the Court concerned for compliance.

8. As per the undertaking given by learned counsel on behalf of the applicant, it is hereby directed that applicant shall plant 25 saplings (either fruit bearing trees or Neem and 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., 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 along with 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 concerned on 1st of every month.

9. 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 s