A chance be given for course correction: Madhya Pradesh High Court grants bail to rape accused

The Gwalior Bench of the Madhya Pradesh High Court recently granted bail to an 18-year-old rape accused to give him a chance for course correction (Brijesh v. State of Madhya Pradesh)..Justice Anand Pathak relied on the submission that the applicant was a young boy aged 18 years without a criminal record. It was held,"Considering the submission of learned counsel for the parties and the fact that applicant is a young boy aged 18 years without any criminal record, therefore, a chance be given to the applicant for course correction.".The applicant was charged under Sections 376(2)(n) (Rape), 363 (Kidnapping), 342 (Wrongful Confinement), 323 (Causing hurt) of the Indian Penal Code and Sections 5 and 6 (Aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act (POCSO Act)..It was the applicant’s submission that the case made out against him was false, despite which he had been in confinement since June 28. Further, during examination, the prosecutrix herself did not support the prosecution’s story and was declared hostile. The applicant urged that he may be given an opportunity to purge his misdeeds and mend his ways to become a better citizen. He further undertook to cooperate with the prosecution in the investigation..While granting bail, the Single Judge relied on the spirit of community service echoed in Sunita Gandharva v. State of MP by the High Court. The applicant was directed to be released on furnishing a bail bond of ₹50,000. He was also directed to do community service in the form of planting and taking care of two trees..The Court further directed the applicant to plant two fruit bearing trees or Neem/Peepal trees and to install guards around trees in his locality in order to protect them. The applicant is also required to provide care for the planted trees.To ensure compliance to this direction, the Court asked the applicant to submit images of all trees planted before the trial court within 30 days of his release. Thereafter, every three months for the next three years, the applicant was directed to present a progress report to the trial court.It was also clarified that any laxity shown by the applicant in the care or planting of trees may lead to deprivation of the benefit of bail.Justice Pathak ended the order with the quote, “This attempt is not simply for the planting of a tree, but for the germination of a thought.”.Advocate Rajnish Sharma appeared for the petitioner and the State was represented by Advocate Padamshri Agarwal..[Read Order Here]