Aas Mohd v. State of Haryana

IN Aas Mohd

State of H

Date of d Date of U

CORAM Present:

SUMEET

¶1seeking g 2023 in F under Sec the Mines 19 of Pun 316(2), 3 Preventio Bureau, D

¶2Hon'ble Thirumulp Empower

15.04.202 THE HIGH COURT OF PUN CHANDIG

d.

V/s Haryana

decision: 21.07.2026 Uploading : 21.07.2026 M: HON'BLE MR. JUSTICE Mr. Jai Singh Yadav, Advoca Mrs. Priyanka Sadar, DAG H ***** T GOEL, J. (Oral) Present petition has been grant of anticipatory/pre-arrest b FIR No.18 dated 01.06.2025 r ction 15(1) of Environment (Pr s and Minerals (Development an njab Land Preservation Act (PLP 318(2), 329(3), 61 of BNS and n of Corruption Act, 1988 at District Gurugram. The prosecution case has ari Supreme Court in proceed pad versus Union of India and o red Committee conducted an inq

¶25The report allegedly reveal

NJAB AND HARYANA AT ARH

CRM-M-25558-2026

....Petitioner

....Respondent SUMEET GOEL ate for the petitioner. Hry. filed on behalf of the petition bail under Section 482 of BNS registered for offences punisha rotection Act) 1986, Section 21 nd Regulations) Act, 1957, Secti PA) 1900, Sections 201, 270, 3 d Sections 7, 7-A and 13 of t Police Station Anti Corrupti isen out of directions issued by t dings titled T.N. Godavarm others. Pursuant thereto, the Cent quiry and submitted its report da led that an illegal road had be

ner SS, able of 03, man tral ted

constructe Jhirka wi requisite observed the villag mining m forest land was being illegally m Empower FIR and c

of BNSS the invest to coope investigat According photograp the illega constructi interrogat involveme and constr

¶3ed in Village Basai Meo, Dis th the adjoining hilly regions o approvals from the competent that the road had allegedly bee ge Sarpanch, certain governme mafia. It has been further observ d and agricultural land has cause g used for facilitating illegal min mined minerals. Acting upon th red Committee, the Anti-Corrup commenced the investigation. During the course of investi was issued on 02.04.2026 to th tigation. The prosecution has al erate with the investigating tion, photographs and videos g to the investigating agency, phs and videos which allegedly al road and his participation ion. The investigating agency tion of the petitioner is necessar ent and to uncover the larger co ruction of the road. Learned counsel for the r has been falsely implicated into

strict Nuh, connecting Ferozep of Rajasthan without obtaining authorities. The report has furth en constructed in connivance w ent officials and members of ved that the road passing throu ed damage to forest plantations a ning activities and transportation he recommendations of the Cent ption Bureau registered the pres gation, a notice under Section 1 he petitioner requiring him to jo leged that the petitioner has fai g agency. Furthermore, duri were collected and examin the petitioner was identified showed his presence at the site in activities connected with has asserted that the custod ry to ascertain the full extent of onspiracy relating to illegal mini petitioner has iterated that o the FIR in question as he has

pur her with ugh n of tral ent oin led ned. in e of its dial

connectio activity. L Gram Pa authority/ counsel, t and has b the encro activity. L implicated vendetta. dated 14. main/prin officials a already be to be a re roots in s contended therefore, factual mi the invest influence is enlarge concessio on with the alleged construction Learned counsel has further iter nchayat member nor a govern /role in the execution of the alle the petitioner owns agricultural been present at the spot only to achment. It has been further co r near the site cannot be constru Learned counsel has emphasize d the petitioner on account of Learned counsel has drawn the

10.2025 passed by coordinate ncipal accused, including the S against whom direct allegations h een granted the concession of re spectable resident of Village Ba society and no previous crimina d that no recovery is to be e custodial interrogation of the ilieu of the case in hand. Moreo tigation as and when required; any witness & shall abide by all ed on pre-arrest bail. On strength on of anticipatory bail is entreated

n of the road or any illegal mini ated that the petitioner is neithe nment official and hence has eged project. According to learn l land adjoining the disputed ro safeguard his crops and land fro ontended that mere presence of ued as participation in any ille ed that the prosecution has fals local village politics and perso e attention of the Court to the ord Bench of this Court whereby Sarpanch and certain governm have been levelled in the FIR, ha egular bail. The petitioner is sta asai Meo, District Nuh having de al antecedents. It has been furth effected from the petitioner an petitioner is not required in over, the petitioner is willing to jo shall not tamper with evidence l the conditions imposed in case h of these submissions, the grant d for.

er a ned oad om gal ely nal der ent ave ted eep her nd, oin or he

¶4Arjun Ra Bureau, anticipato constructi activities. Referring to reply by way o athee, HPS, Dy. Superintendent Gurugram, learned State cou ory bail to the petitioner by argu r are serious and form part of a l ion of a road over forest land The relevant part of the said rep "33. That it is further submitted on 04.08.2025, Investigating off evidence comprising 13 videos prosecution witness Imran son o phone with the assistance of the duly stored through technical me shown to and duly identified by Jumma Khan. During Aas Moha Ashu in two photographs is clear land at the site of the illegal roa Meo towards Nangal, Rajasthan.

¶34That it is pertinent to mentio Petitioner Aas Mohd. is clearly supporting the illegal constructio arguments and confrontation w construction of the said illegal roa

¶35That the aforesaid electroni active involvement and participat illegal encroachment and unaut forest department land.

¶36That the custodial interroga effective investigation, including collection of further evidence, relating to the illegal constructi 179 BNSS was duly issued to investigation. Similar notices we connected with the occurrence. Petitioner deliberately failed to

of an affidavit dated 22.05.2026 of Police, SV & Anti Corrupti unsel has opposed the grant uing that the allegations against larger conspiracy relating to ille and facilitation of illegal mini ply reads thus" d that during the course of investigati fficer secured and preserved electro s and 30 photographs produced of Jumma Khan, from his VIVO mob computer operator, and the same w eans. The said electronic evidence w y the prosecution witness Imran son ammad alias 31 identification, petitio rly seen present on the forest departm ad being constructed from village Ba n here that, in four separate videos, y visible actively participating in a on activity and is seen engaging also with villagers who were opposing ad. ic evidence prima facie establishes tion of Petitioner Aas Mohammad in thorized construction of the road o ation of the Petitioner is necessary identification of other persons involv and unearthing the larger conspir ion. Accordingly, notice under Sect o the petitioner directing him to j ere also issued to three other pers However, despite service of notice, join the investigation. In this reg

of of gal ion, onic by bile were was n of oner ment asai o in over for ved, racy tion join sons

learned S investigat investigat involved unearthed instant pe

¶5gone throu

¶6Hon'ble S Punjab, 2 observation memo was prepared annexure R-3)." Raising submissions in ta State counsel has contended th ting agency prima facie indicat r relating to the construction tion is still in progress and the in the illegal construction and m d. Accordingly, a prayer has be etition. I have heard the learned cou ugh the available record of the c It would be apposite to re Supreme Court titled as Devinde 2025 INSC 320, relevant whereo "21. The parameters for grant like corruption are required to granted only in exceptional circu of the view that the applicant has allegations are politically motivat hand is concerned, it cannot be s have been made out by the petit bail and there is no frivolity in the

¶22In the aforesaid context, Central Bureau of Investigation 7 Scale 15, wherein this Court exp "28. While granting bail, of accusation, the natur severity of the punishm character of the accused, accused, reasonable poss

d. (Observation memo are annexed andem with the aforesaid rep hat the material collected by tes the active involvement of of the road. Furthermore, role played by various individu mining activities is yet to be fu een made for the dismissal of unsel for the rival parties and ha case. efer herein to a judgment of er Kumar Bansal vs. The State of reads as under: of anticipatory bail in a serious offe be satisfied. Anticipatory bail can mstances where the Court is prima fa been falsely enroped in the crime or ted or are frivolous. So far as the case said that any exceptional circumstan tioner accused for grant of anticipat e prosecution. we may refer to a pronouncement v. V. Vijay Sai Reddy reported in (20 pressed thus: the court has to keep in mind the nat re of evidence in support thereof, ment which conviction will entail, circumstances which are peculiar to sibility of securing the presence of

d as ply, uals ully ave e of ence be acie e at nces tory t in 013)

accused at the trial, rea being tampered with, the other similar consideratio the purpose of granting b "reasonable grounds for which means the Court d satisfy it as to whether the and that the prosecution evidence in support of the to have the evidence estab reasonable doubt."

¶23The presumption of inn consideration for grant of an innocence is one of the consider mind while considering the plea f to balance the cause of the accus solicitous homage to the accuse cause of public justice.

¶24If liberty is to be denied society, then the courts should no overwhelming considerations in anticipatory bail, it has to be den say that once the investigation is may consider to grant regular indulging in corruption.

¶25Avarice is a common fra famous pronouncement that all m unsavoury cynicism that it sugges as more than two centuries ago, people generally corrupt, liberty Romain Rolland lamented that F without indignation. Corruption Corruption, a word of wide conn spheres of our day to day life, al allowing decisions and actions wrongs of a case but by the prosp considerations.

¶26If even a fraction of what of corruption to be true, then it w

asonable apprehension of the witnes larger interests of the public/State a ons. It has also to be kept in mind that bail, the Legislature has used the wo r believing" instead of "the eviden dealing with the grant of bail can o ere is a genuine case against the accu n will be able to produce prima fa e charge. It is not expected, at this sta blishing the guilt of the accused beyo ocence, by itself, cannot be the s nticipatory bail. The presumption rations, which the court should keep for anticipatory bail. The salutary rul sed and the cause of public justice. O ed's liberty can, sometimes, defeat to an accused to ensure corruption f ot hesitate in denying such liberty. Wh the nature aforesaid require denial nied. It is altogether a different thing over and charge-sheet is filed, the co bail to a public servant - accused ailty of mankind and Robert Walpo men have their price, notwithstanding sts, is not very far from truth. As far b it was Burke who cautioned: "Amon cannot last long". In more recent yea France fell because there was corrupt has, in it, very dangerous potentialit notation has, in respect of almost all ll the world over, the limited meaning to be influenced not by the rights spects of monetary gains or other self was the vox pupuli about the magnit would not be far removed from the tru

sses t for ords nce" only used acie age, ond sole of p in le is Over free here l of g to ourt d of ole's ack ng a ars, tion ties. g of or fish tude uth,

¶7allegation the petitio of the roa Meo, Di investigat which the The petiti was alle constructi mining m and suppo transporta served wi Furthermo videos in illegal ro constructi that it is the rampant corruptio placed persons that has led to ec asked to name one sole factor tha society to prosperity, undeniably developing country faces a mena hired assassins to its law and ord at the higher echelons of the Gove As per the material placed ns have been levelled against th oner is that he was an active par ad passing through forest and istrict Nuh. As per the pro tion, photographs and video re e petitioner has been identified at ioner is stated to be present dur egedly seen confronting villa ion of the road. The prosecut r alongwith other accused per mafia and other beneficiaries of th orted the illegal construction acti ation of illegally mined mine ith a notice under Section 179 B r allegedly failed to cooperate ore, the prosecution has brough which the petitioner has alleged oad. Moreover, the petitioner w ion activities and was present wh

on indulged in with impunity by hig conomic unrest in this country. If on at effectively arrested the progress of ly it is corruption. If the society in ace greater than even the one from der, then that is from the corrupt eleme ernment and of the political parties." d on record, indubitably, serio he petitioner. The role attributed rticipant in the illegal constructi agricultural land in Village Ba osecution, during the course ecordings have been collected t the site of the alleged illegal ro ring the construction activities a agers who were opposing tion has further alleged that rsons, including members of he project, has actively participa ivity and mining operations as a erals. Furthermore, despite bei BNSS to join the investigation, e with the investigating agen ht on record the photographs a dly been identified at the site of was actively associated with hen objections were raised by lo

ghly e is our n a ents ous d to asai of in ad. ted also ncy.

residents. appreciati investigat supported investigat accused p and minin misplaced bail wher stands on and role o is not an a each accu this stage aside as v

¶8evidence, only be ad course of bail at thi nay plaus deciphere FIR. Fur At this stage, this Court is n ion of evidence. The material tion cannot be ignored as the al d by electronic evidence which re ting agency is still examining th persons and the larger conspira ng activities. The plea of parity d as the co-accused have been reas the petitioner seeks the con a different footing. Each case h of each accused is to be indepen r cannot claim parity with the co absolute right and depends upon used. The investigation in the pr e, the material collected during vague or baseless. Furthermore, the plea of r is a disputed question of fa which cannot be adjudicated u djudicated upon at the conclusio trial. In the considered opinion is stage may likely hamper the sible cause has been shown, at ed that the petitioner has been f rthermore, the Court below has

not required to conduct a detai l collected during the course legations against the petitioner equires thorough investigation. T he extent of participation of vario acy behind the illegal constructi y invoked by the petitioner is a granted the concession of regu ncession of anticipatory bail wh has to be evaluated on its own fa ndently assessed. Accordingly, o-accused as the principle of par n the conduct and circumstances resent case is at a crucial stage. g investigation cannot be brush false implication raised by act and involves appreciation upon at this stage. The same c on of the investigation or during of this Court, granting anticipato on-going investigation. No cau t this stage, from which it can falsely implicated into the pres s already declined the plea of

led of are The ous also ular ich acts rity s of At hed of can ory use be

which the to mentio the Court protecting and nature and free i iniquities that a prim which ha establish a grant ant impedime SCC 187 (SCC p. 1 r after considering the relevant e name of the petitioner surfaced on here that while considering a t has to equilibrate between s g societal interests. The Court ou e of the offence; the role attribut investigation as also the deeper on the society. At this stage, the ma facie case is not made out a as come on record and the pre a reasonable basis for the accusa ticipatory bail to the petitione ent in effective investigation. In : 1997 SCC (Cri) 1039, the Hon 189, para 6) "6. We find force in the submissi qualitatively more elicitation-orie well-ensconced with a favourable a case like this, effective inter tremendous advantage in disinter materials which would have interrogation would elude if the protected and insulated by a pre interrogated. Very often interroga a mere ritual. The argument tha with the danger of the person b need not be countenanced, for, su accused in all criminal cases. Th police officers would conduct th would not conduct themselves as o

factors, including the manner d during investigation. It is befitti plea for grant of anticipatory b afeguarding individual rights a ught to reckon with the magnitu ted to the accused; the need for f and wider impact of such alleg ere is no material on record to ho against the petitioner. The mater eliminary investigation, appear ations. Thus, it is not appropriate er, as it would necessarily cau n State v. Anil Sharma, (1997) n'ble Supreme Court held as unde ion of CBI that custodial interrogation ented than questioning a suspect who e order under Section 438 of the Code rrogation of a suspected person is rring many useful informations and a been concealed. Success in s suspected person knows that he is w e-arrest bail order during the time he ation in such a condition would reduce at the custodial interrogation is frau being subjected to third-degree meth uch an argument can be advanced by he Court has to presume that responsi hemselves in task of disintering offen offenders."

in ail, ude fair ged old rial to e to use 7) 7 er : n is o is e. In s of also uch well e is e to ught ods y all ible

¶9and the g effective allegation necessity the consid anticipato

10.

(i)

(ii) of opinion

(iii)

July 21, 2 Ajay

In the present case, the inve grant of anticipatory bail at this investigation. Considering the ns, the specific role assigned, the of custodial interrogation for ve dered opinion that the petitioner ory bail in the factual milieu of th In view of the prevenient rati The instant petition is devoid Nothing said hereinabove sh n upon merits of the case/investig Pending application(s), if any

2026

estigation is still at a crucial sta juncture will impede the fair a e nature and seriousness of e stage of investigation as also erification of facts, this Court is does not deserve the concession he case in hand. iocination, it is ordained thus: d of merits and is hereby dismiss hall be deemed to be an expressi gation. y, shall also stand disposed off. (SUMEET GOEL)

JUDGE

age s of n of