Accused Volunteers To Plant Saplings, MP High Court Says Person Willing To Serve Social Cause Can't Be Given Bail Without Considering Merits

While hearing an application for bail, the Madhya Pradesh High Court has clarified that a person cannot be given bail on the sole ground that he intends to serve social cause after his release.

The Single Judge Bench of Justice Anand Pathak stressed that applications should be heard in merit before bail is granted and thus observed,

“It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.”

The applicant was accused of committing offences punishable under 341, 323, 294, 506, 34, 325, 307, 302 of the Indian Penal Code. It was his third application for bail in the said case.

It was submitted for the applicant that he is under confinement since 29.04.2022. It was also submitted that he does not have any criminal antecedent to his name.

The applicant undertook to cooperate in the trial and assured the Court to stay away from the vicinity of the complainant party.

He further voluntarily undertook to serve the environment/national/social cause voluntarily by planting saplings, to purge his misdeeds, if any.

Considering the contentions of the parties, the Court deem it proper to enlarge the applicant on bail imposing a number of conditions, including a direction that he shall plant saplings after his release.

“It is expected form the applicant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite / Geo- Tagging / Geo fencing etc.,” the Court added.

But before parting with the order, the Court made it clear that the condition for plantation of saplings was imposed after considering the application on merit and the bail is not granted only because the applicant proposed to serve the environment/society voluntarily.

Case Title: Anoop Tyagi v. The State of Madhya Pradesh

Case No.: Misc. Criminal Case No. 33485 of 2023

Order Dated: August 1, 2023

Counsel for the Applicant: Ms. Ayushi Vyas, Advocate

Counsel for the State: Mr. R.S. Kushwaha, Dy. Advocate General

Click Here To Read/Download Order