Judgment · High Court · 2026

Judgment

#1. Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner est bail under Section 482 of BNSS, seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, est bail under Section 482 of BNSS, seeking grant of anticipatory/pre 2023 in FIR No.18 dated 01.06.2025 registered for offences punishable 2023 in FIR No.18 dated 01.06.2025 registered for offences punishable 2023 in FIR No.18 dated 01.06.2025 registered for offences punishable 2023 in FIR No.18 dated 01.06.2025 registered for offences punishable 1986, Section 21 of under Section 15(1) of Environment (Protection Act) 1986, Section 21 of under Section 15(1) of Environment (Protection Act under Section 15(1) of Environment (Protection Act the Mines and Minerals (Development and Regulations) Act, 1957, Section the Mines and Minerals (Development and Regulations) Act, 1957, Section the Mines and Minerals (Development and Regulations) Act, 1957, Section the Mines and Minerals (Development and Regulations) Act, 1957, Section Punjab Land Preservation Act (PLPA) 1900, Sections 201, 270, 303, 19 of Punjab Land Preservation Act (PLPA) 1900, Sections 201, 270, 303, Punjab Land Preservation Act (PLPA) 1900, Sections 201, 270, 303, Punjab Land Preservation Act (PLPA) 1900, Sections 201, 270, 303, A and 13 of the 316(2), 318(2), 329(3), 61 of BNS and Sections 7, 7-A and 13 of the 316(2), 318(2), 329(3), 61 of BNS and Sections 7, 7 316(2), 318(2), 329(3), 61 of BNS and Sections 7, 7 Prevention of Corruption Act, 1988 at Police Station Anti Corruption Prevention of Corruption Act, 1988 at Police Station Anti Corruption Prevention of Corruption Act, 1988 at Police Station Anti Corruption Prevention of Corruption Act, 1988 at Police Station Anti Corruption Bureau, District Gurugram. Bureau, District Gurugram.

#2. The prosecution case has arisen of directions issued by the has arisen out of directions issued by the ble Supreme Court Hon’ble Supreme Court ble Supreme Court in proceedings in proceedings in proceedings T.N. Godavarman titled T.N. Godavarman titled titled . Pursuant thereto, the Central Thirumulpad versus Union of India and others. Pursuant thereto, the Central Thirumulpad versus Union of India and others Thirumulpad versus Union of India and others Empowered Committee conducted an inquiry and submitted its report dated Empowered Committee conducted an inquiry and submitted its report dated Empowered Committee conducted an inquiry and submitted its report dated Empowered Committee conducted an inquiry and submitted its report dated

15.04.2025. The report allegedly revealed that an illegal road had been 15.04.2025. The report allegedly revealed that an illegal road had been 15.04.2025. The report allegedly revealed that an illegal road had been 15.04.2025. The report allegedly revealed that an illegal road had been CRM-M- -25558-2026 2 Ferozepur constructed in Village Basai Meo, District Nuh, connecting Ferozepur constructed in Village Basai Meo, District Nuh, connecting constructed in Village Basai Meo, District Nuh, connecting Jhirka with the adjoining hilly regions of Rajasthan without obtaining the with the adjoining hilly regions of Rajasthan without obtaining the the adjoining hilly regions of Rajasthan without obtaining the further requisite approvals from the competent authorities. The report has further requisite approvals from the competent authorities. The report requisite approvals from the competent authorities. The report observed that the road had allegedly been constructed in connivance with observed that the road had allegedly been constructed in connivance with observed that the road had allegedly been constructed in connivance with observed that the road had allegedly been constructed in connivance with icials and members of the the village Sarpanch, certain government officials and members of the the village Sarpanch, certain government off the village Sarpanch, certain government off mining mafia. It has been further observed mining mafia. It through has been further observed that the road passing through caused damage to forest plantations and forest land and agricultural land has caused damage to forest plantations and caused damage to forest plantations and forest land and agricultural land was being used for facilitating illegal mining activities and transportation of was being used for facilitating illegal mining activities and transportation of was being used for facilitating illegal mining activities and transportation of was being used for facilitating illegal mining activities and transportation of illegally mined minerals. Acting upon the recommendations of the Central illegally mined minerals. Acting upon the recommendations of the Central illegally mined minerals. Acting upon the recommendations of the Central illegally mined minerals. Acting upon the recommendations of the Central Corruption Bureau registered the present Empowered Committee, the Anti-Corruption Bureau registered the present Corruption Bureau registered the present Empowered Committee, the Anti

FIR and commenced the investigation. FIR and commenced investigation, a notice under Section 179 During the course of investigation, a notice under Section 179 investigation, a notice under Section 179 of BNSS to the petitioner requiring him to join BNSS was issued on 02.04.2026 to the petitioner requiring him to join to the petitioner requiring him to join the investigation. The prosecution investigation. The prosecution has alleged failed has alleged that the petitioner has failed to cooperate with to cooperate with to cooperate with , during investigating agency. Furthermore, during investigating agency. Further investigating agency. Further ted and examined. investigation, photographs and videos were collected and examined. investigation, photographs and videos were collec investigation, photographs and videos were collec According to the investigating agency, the petitioner was identified in According to the investigating agency, the petitioner was identified in According to the investigating agency, the petitioner was identified in According to the investigating agency, the petitioner was identified in photographs and videos which allegedly show photographs and videos his presence at the site of allegedly showed his presence at the site of the illegal road and his participation in activities connected with its the illegal road and his participation in activities connected with its the illegal road and his participation in activities connected with its the illegal road and his participation in activities connected with its construction. The investigating agency has asserted that construction. The in custodial vestigating agency has asserted that the custodial interrogation of the petitioner is necessary to ascertain the full extent of his interrogation of the petitioner is necessary to ascertain the full extent of his interrogation of the petitioner is necessary to ascertain the full extent of his interrogation of the petitioner is necessary to ascertain the full extent of his involvement and to uncover the larger conspiracy relating to illegal mining involvement and to uncover the larger conspiracy relating to illegal mining involvement and to uncover the larger conspiracy relating to illegal mining involvement and to uncover the larger conspiracy relating to illegal mining and construction of the road. and construction of the road.

#3. ounsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the ounsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question as he petitioner has been falsely implicated in has no to the FIR in question as he has no CRM-M- -25558-2026 3 connection with the alleged construction of the road or any illegal mining connection with the alleged construction of the road or any illegal mining connection with the alleged construction of the road or any illegal mining connection with the alleged construction of the road or any illegal mining petitioner is neither a Learned counsel has further iterated that the petitioner is neither a Learned counsel has further iterated that the activity. Learned counsel has further iterated that the Gram Panchayat member nor a government official and hence has Gram Panchayat member nor a government official and Gram Panchayat member nor a government official and hence has no authority/ According to learned role in the execution of the alleged project. According to learned /role in the execution of the alleged project. the petitioner owns agricultural land adjoining the disputed road counsel, the petitioner owns agricultural land adjoining the disputed road the petitioner owns agricultural land adjoining the disputed road the petitioner owns agricultural land adjoining the disputed road and has been esent at the spot only to safeguard his crops and land from has been present at the spot only to safeguard his crops and land from esent at the spot only to safeguard his crops and land from the encroachment. encroachment. It has been further contended that m ere presence of the It has been further contended that mere presence of the petitioner near the site cannot be construed as participation in any illegal petitioner near the site cannot be construed as participation in any illegal petitioner near the site cannot be construed as participation in any illegal petitioner near the site cannot be construed as participation in any illegal prosecution has falsely Learned counsel has emphasized that the prosecution has falsely Learned counsel has emphasized that activity. Learned counsel has emphasized that local village politics and personal implicated the petitioner on account of local village politics and personal local village politics and personal implicated the petitioner vendetta. Learned counsel has drawn the attention of the Court to the order Learned counsel has drawn the attention of the Court to the order Learned counsel has drawn the attention of the Court to the order

14.10.2025 passed by coordinate Bench of this Court whereby the dated 14.10.2025 passed by coordinate Bench of this Court whereby the 14.10.2025 passed by coordinate Bench of this Court whereby the 14.10.2025 passed by coordinate Bench of this Court whereby the principal accused, including the Sarpanch and certain government main/principal accused, including the Sarpanch and certain government principal accused, including the Sarpanch and certain government principal accused, including the Sarpanch and certain government officials against whom direct allegations have been levelled in the FIR, have officials against whom direct allegations have been levelled in the FIR, have officials against whom direct allegations have been levelled in the FIR, have officials against whom direct allegations have been levelled in the FIR, have is stated already been granted the concession of regular bail. The petitioner is stated already been granted the concession of regular bail. already been granted the concession of regular bail. to be a respectable resident of Village Basai Meo to be a respectable resident of Vi having deep llage Basai Meo, District Nuh having deep t has been further roots in society and no previous criminal antecedents. It has been further roots in society and no previous criminal antecedents. roots in society and no previous criminal antecedents. contended that no recovery is to be effected from t contended that he petitioner and, no recovery is to be effected from the petitioner and, therefore, custodial interrogation of the petitioner therefore, is not required in the custodial interrogation of the petitioner is not required in the factual milieu milieu of the case in hand. Moreover, the petitioner is willing to join Moreover, the petitioner is willing to join the investigation as and when required; the investigation as and when required shall not tamper with evidence or shall not tamper with evidence or shall abide by all the conditions imposed in case he influence any witness & shall abide by all the conditions imposed in case he shall abide by all the conditions imposed in case he influence any witness arrest bail. On strength of these submissions, the grant of is enlarged on pre-arrest bail. On strength of these submissions, the grant of arrest bail. On strength of these submissions, the grant of is enlarged on pre concession of anticipatory bail is entreated for. concession of anticipatory bail is entreated for. concession of anticipatory bail is entreated for. CRM-M- -25558-2026 4

#4. Referring to reply by way of an affidavit dated 22.05.2026 Referring to reply by way of an affidavit dated 22.05.2026 of orruption Arjun Rathee, HPS, Dy. Superintendent of Police, SV & Anti Corruption Arjun Rathee, HPS, Dy. Superintendent of Police, SV & Anti C Arjun Rathee, HPS, Dy. Superintendent of Police, SV & Anti C Bureau, Gurugram, learned State counsel Bureau, Gurugram, opposed the grant of learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the anticipatory bail to the petitioner by arguing that the allegations against the and form part of a larger conspiracy relating to illegal petitioner are serious and form part of a larger conspiracy relating to illegal and form part of a larger conspiracy relating to illegal petitioner are serious d over forest land and facilitation of illegal mining construction of a road over forest land and facilitation of illegal mining d over forest land and facilitation of illegal mining construction of a roa The relevant part of the said reply reads thus” activities. The relevant part of the said reply reads thus” activities. That it is further submitted that during the course of investigation, “33. That it is further submitted that during the course of investigation, That it is further submitted that during the course of investigation, on 04.08.2025, Investigating officer secured and preserved electronic on 04.08.2025, Investigating officer secured and preserved electro on 04.08.2025, Investigating officer secured and preserved electro evidence comprising 13 videos and 30 photographs produced by evidence comprising 13 videos and 30 photographs produced by evidence comprising 13 videos and 30 photographs produced by prosecution witness Imran son of Jumma Khan, from his VIVO mobile prosecution witness Imran son of Jumma Khan, from his VIVO mobile prosecution witness Imran son of Jumma Khan, from his VIVO mobile phone with the assistance of the computer operator, and the same were phone with the assistance of the computer operator, and the same were phone with the assistance of the computer operator, and the same were ic evidence was duly stored through technical means. The said electronic evidence was duly stored through technical means. shown to and duly identified by the prosecution witness Imran son of shown to and duly identified by the prosecution witness Imran son of shown to and duly identified by the prosecution witness Imran son of Jumma Khan. During Aas Mohammad alias 31 identification, petitioner Jumma Khan. During Aas Mohammad alias 31 identification, petitioner Jumma Khan. During Aas Mohammad alias 31 identification, petitioner Ashu in two photographs is clearly seen present on the forest department Ashu in two photographs is clearly seen present on the forest department Ashu in two photographs is clearly seen present on the forest department l road being constructed from village Basai land at the site of the illegal road being constructed from village Basai l road being constructed from village Basai Meo towards Nangal, Rajasthan.

#34. That it is pertinent to mention here that, in four separate videos, the 34. That it is pertinent to mention here that, in four separate videos, the 34. That it is pertinent to mention here that, in four separate videos, the Petitioner Aas Mohd. is clearly visible actively participating in and Petitioner Aas Mohd. is clearly visible actively participating in and Petitioner Aas Mohd. is clearly visible actively participating in and n activity and is seen engaging also in supporting the illegal construction activity and is seen engaging also in supporting the illegal constructio arguments and confrontation with villagers who were opposing the arguments and confrontation with villagers who were opposing the arguments and confrontation with villagers who were opposing the construction of the said illegal road. construction of the said illegal road.

#35. That the aforesaid electronic evidence prima facie establishes the 35. That the aforesaid electronic evidence prima facie establishes the 35. That the aforesaid electronic evidence prima facie establishes the Petitioner Aas Mohammad in the active involvement and participation of Petitioner Aas Mohammad in the active involvement and participation of illegal encroachment and unauthorized unauthorized construction of the road over forest department land.

#36. That the custodial interrogation of the Petitioner is necessary for interrogation of the Petitioner is necessary for persons involved, effective investigation, including identification of other persons involved, effective investigation, including identification of other larger conspiracy collection of further evidence, and unearthing the larger conspiracy collection of further evidence, and unearthing the relating to the illegal construction. Accordingly, notice under Section relating to the illegal construction. Accordingly, notice under Section relating to the illegal construction. Accordingly, notice under Section 179 BNSS was duly issued to the petitioner directing him to join 179 BNSS was duly issued to the petitioner directing him to join 179 BNSS was duly issued to the petitioner directing him to join were also issued to three other persons investigation. Similar notices were also issued to three other persons were also issued to three other persons connected with the occurrence. However, despite service of notice, the connected with the occurrence. However, despite service of notice, the connected with the occurrence. However, despite service of notice, the Petitioner deliberately failed to join the investigation. In this regard Petitioner deliberately failed to join the investigation. In this regard Petitioner deliberately failed to join the investigation. In this regard CRM-M- -25558-2026 5 observation memo was prepared. (Observation memo are annexed as observation memo was prepared. (Observation memo are annexed as observation memo was prepared. (Observation memo are annexed as annexure R-3).” Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the aforesaid reply, material collected by the earned State counsel has contended that the material collected by the learned State counsel has contended that the earned State counsel has contended that the indicates the active involvement of the investigating agency prima facie indicates the active involvement of the indicates the active involvement of the investigating agency petitioner relating to the construction of t petitioner Furthermore, the construction of the road. Furthermore, the investigation is still in progress and the role played by various individuals investigation is still in progress and the role played by various individuals investigation is still in progress and the role played by various individuals investigation is still in progress and the role played by various individuals involved in the illegal construction and mining activities is yet to be fully involved in the illegal construction and mining activities is yet to be fully involved in the illegal construction and mining activities is yet to be fully involved in the illegal construction and mining activities is yet to be fully unearthed. Accordingly, a prayer has been made for the unearthed. of the Accordingly, a prayer has been made for the dismissal of the instant petition. instant petition.

#5. and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.

#6. It would be apposite to refer herein to a judgment of the It would be apposite to refer herein to a judgment of the It would be apposite to refer herein to a judgment of the Hon’ble Supreme Court titled as Devinder Kumar Bansal vs. The Hon’ble Supreme Court titled as State of Devinder Kumar Bansal vs. The State of relevant whereof reads as under: Punjab, 2025 INSC 320, relevant whereof reads as under: Punjab, 2025 INSC 320, The parameters for grant of anticipatory bail in a serious offence “21. The parameters for grant of anticipatory bail in a serious offence The parameters for grant of anticipatory bail in a serious offence satisfied. Anticipatory bail can be like corruption are required to be satisfied. Anticipatory bail can be like corruption are required to be re the Court is prima facie granted only in exceptional circumstances where the Court is prima facie granted only in exceptional circumstances whe of the view that the applicant has been falsely enroped in the crime or the of the view that the applicant has been falsely enroped in the crime or the of the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. So far as the case at allegations are politically motivated or are frivolous. So far as the case at allegations are politically motivated or are frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances hand is concerned, it cannot be said that any exceptional circumstances hand is concerned, it cannot be said that any exceptional circumstances ve been made out by the petitioner accused for grant of anticipatory have been made out by the petitioner accused for grant of anticipatory ve been made out by the petitioner accused for grant of anticipatory bail and there is no frivolity in the prosecution. bail and there is no frivolity in the prosecution.

#22. In the aforesaid context, we may refer to a pronouncement in In the aforesaid context, we may refer to a pronouncement in In the aforesaid context, we may refer to a pronouncement in 013) Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2 , wherein this Court expressed thus: 7 Scale 15, wherein this Court expressed thus: “28. While granting bail, the court has to keep in mind the nature “28. While granting bail, the court has to keep in mind the nature “28. While granting bail, the court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the of accusation, the nature of evidence in support thereof, the of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the severity of the punishment which conviction will entail, the severity of the punishment which conviction will entail, the the accused, circumstances which are peculiar to the character of the accused, circumstances which are peculiar to the the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused, reasonable possibility of securing the presence of the accused, reasonable possibility of securing the presence of the CRM-M- -25558-2026 6 accused at the trial, reasonable apprehension of the witnesses accused at the trial, reasonable apprehension of the witnesses accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and being tampered with, the larger interests of the public/State and being tampered with, the larger interests of the public/State and ilar considerations. It has also to be kept in mind that for other similar considerations. It has also to be kept in mind that for ilar considerations. It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words the purpose of granting bail, the Legislature has used the words the purpose of granting bail, the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" "reasonable grounds for believing" instead of "the evidence" "reasonable grounds for believing" instead of "the evidence" which means the Court dealing with the grant of bail can only which means the Court dealing with the grant of bail can only which means the Court dealing with the grant of bail can only it as to whether there is a genuine case against the accused satisfy it as to whether there is a genuine case against the accused it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie and that the prosecution will be able to produce prima facie and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, evidence in support of the charge. It is not expected, at this stage, evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond to have the evidence establishing the guilt of the accused beyo to have the evidence establishing the guilt of the accused beyo reasonable doubt.”

#23. The presumption of innocence, by itself, cannot be the sole The presumption of innocence, by itself, cannot be the consideration for grant of anticipatory bail. The presumption of consideration for grant of anticipatory bail. The presumption of consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in innocence is one of the considerations, which the court should keep in innocence is one of the considerations, which the court should keep in for anticipatory bail. The salutary rule is mind while considering the plea for anticipatory bail. The salutary rule is for anticipatory bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over to balance the cause of the accused and the cause of public justice. Over to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused’s liberty can, sometimes, defeat the solicitous homage to the accused’s liberty can, sometimes, defeat the solicitous homage to the accused’s liberty can, sometimes, defeat the cause of public justice.

#24. cused to ensure corruption free If liberty is to be denied to an accused to ensure corruption free If liberty is to be denied to an ac society, then the courts should not hesitate in denying such liberty. Where society, then the courts should not hesitate in denying such liberty. Where society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of overwhelming considerations in the nature aforesaid require denial of overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to anticipatory bail, it has to be denied. It is altogether a different thing to anticipatory bail, it has to be denied. It is altogether a different thing to sheet is filed, the court say that once the investigation is over and charge-sheet is filed, the court say that once the investigation is over and charge accused of may consider to grant regular bail to a public servant - accused of may consider to grant regular bail to a public servant indulging in corruption.

#25. Avarice is a common frailty of mankind and Robert Walpole's Avarice is a common frailty of mankind and Robert Walpole's Avarice is a common frailty of mankind and Robert Walpole's that all men have their price, notwithstanding the famous pronouncement that all men have their price, notwithstanding the that all men have their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth. As far back unsavoury cynicism that it suggests, is not very far from truth. As far back unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: “Among a as more than two centuries ago, it was Burke who cautioned: “Among a as more than two centuries ago, it was Burke who cautioned: “Among a re recent years, people generally corrupt, liberty cannot last long”. In more recent years, people generally corrupt, liberty cannot last long”. In mo Romain Rolland lamented that France fell because there was corruption Romain Rolland lamented that France fell because there was corruption Romain Rolland lamented that France fell because there was corruption without indignation. Corruption has, in it, very dangerous potentialities. without indignation. Corruption has, in it, very dangerous potentialities. without indignation. Corruption has, in it, very dangerous potentialities. Corruption, a word of wide connotation has, in respect of almost all the Corruption, a word of wide connotation has, in respect of almost all the Corruption, a word of wide connotation has, in respect of almost all the day life, all the world over, the limited meaning of spheres of our day to day life, all the world over, the limited meaning of day life, all the world over, the limited meaning of allowing decisions and actions to be influenced not by the rights or allowing decisions and actions to be influenced not by the rights or allowing decisions and actions to be influenced not by the rights or case but by the prospects of monetary gains or other selfish wrongs of a case but by the prospects of monetary gains or other selfish case but by the prospects of monetary gains or other selfish considerations.

#26. If even a fraction of what was the vox pupuli about the magnitude If even a fraction of what was the vox pupuli about the magnitude If even a fraction of what was the vox pupuli about the magnitude of corruption to be true, then it would not be far removed from the truth, of corruption to be true, then it would not be far removed from the truth, of corruption to be true, then it would not be far removed from the truth, CRM-M- -25558-2026 7 that it is the rampant corruption indulged in with impunity by highly that it is the rampant corruption indulged in with impunity by highly that it is the rampant corruption indulged in with impunity by highly t in this country. If one is placed persons that has led to economic unrest in this country. If one is placed persons that has led to economic unres asked to name one sole factor that effectively arrested the progress of our asked to name one sole factor that effectively arrested the progress of our asked to name one sole factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption. If the society in a society to prosperity, undeniably it is corruption. If the society in a society to prosperity, undeniably it is corruption. If the society in a developing country faces a menace greater than even the one from the developing country faces a menace greater than even the one from the developing country faces a menace greater than even the one from the ssins to its law and order, then that is from the corrupt elements hired assassins to its law and order, then that is from the corrupt elements ssins to its law and order, then that is from the corrupt elements at the higher echelons of the Government and of the political parties.” at the higher echelons of the Government and of the political parties.

#7. As per the material placed on record, indubitably, serious material placed on record, indubitably, serious The role attributed to allegations have been levelled against the petitioner. The role attributed to allegations have been levelled against the petitioner. allegations have been levelled against the petitioner. the petitioner is that he was an active participant in the illegal construction the petitioner is that he was an active participant in the illegal construction the petitioner is that he was an active participant in the illegal construction the petitioner is that he was an active participant in the illegal construction of the road passing through forest and agricultural land in Village Basai of the road passing through forest and agricultural land in Village Basai of the road passing through forest and agricultural land in Village Basai of the road passing through forest and agricultural land in Village Basai Meo, District Nuh. As per the prosecution, during the course of Meo, District Nuh. As per the prosecution, during the course of Meo, District Nuh. As per the prosecution, during the course of Meo, District Nuh. As per the prosecution, during the course of photographs and video recordings have been collected in investigation, photographs and video recordings have been collected in photographs and video recordings have been collected in investigation, identified at the site of the alleged illegal road. which the petitioner has been identified at the site of the alleged illegal road. identified at the site of the alleged illegal road. which the petitioner present during the construction activities and The petitioner is stated to be present during the construction activities and present during the construction activities and The petitioner is stated to s who were opposing was allegedly seen confronting villagers who were opposing was allegedly seen confronting villager was allegedly seen confronting villager that the construction of the road. The prosecution has further alleged that the construction of the road. The prosecution construction of the road. The prosecution with other accused persons, including members of the petitioner alongwith other accused persons, including members of the with other accused persons, including members of the petitioner has actively participated mining mafia and other beneficiaries of the project, has actively participated mining mafia and other beneficiaries of the project, mining mafia and other beneficiaries of the project, and supported the illegal construction activity and and supported as also construction activity and mining operations as also espite being transportation of illegally mined minerals. Furthermore, despite being transportation of illegally mined minerals. transportation of illegally mined minerals. served with a notice under Section 179 BNSS to join the investigation, the served with a notice under Section 179 BNSS to join the investigation, the served with a notice under Section 179 BNSS to join the investigation, the served with a notice under Section 179 BNSS to join the investigation, the the investigating agency. petitioner allegedly failed to cooperate with the investigating agency. petitioner allegedly failed to cooperate with petitioner allegedly failed to cooperate with Furthermore, the prosecution has brought on record Furthermore, photographs and has brought on record the photographs and videos in which the petitioner has allegedly been identified at the site of the videos in which the petitioner has allegedly been identified at the site of the videos in which the petitioner has allegedly been identified at the site of the videos in which the petitioner has allegedly been identified at the site of the the petitioner was actively associated with the illegal road. Moreover, the petitioner was actively associated with the the petitioner was actively associated with the illegal road. ruction activities and was present when objections were raised by local construction activities and was present when objections were raised by local ruction activities and was present when objections were raised by local ruction activities and was present when objections were raised by local CRM-M- -25558-2026 8 Court is not required to conduct a detailed residents. At this stage, this Court is not required to conduct a detailed Court is not required to conduct a detailed residents. At this stage, appreciation of evidence. The material collected during appreciation of evidence. the course of he material collected during the course of allegations against the petitioner are investigation cannot be ignored as the allegations against the petitioner are allegations against the petitioner are investigation cannot be ignored supported by electronic evidence which requires thorough investigation. The supported by electronic evidence which requires thorough investigation. The supported by electronic evidence which requires thorough investigation. The supported by electronic evidence which requires thorough investigation. The investigating agency is still examining the extent of participation of various investigating agency is still examining the extent of participation of various investigating agency is still examining the extent of participation of various investigating agency is still examining the extent of participation of various onstruction accused persons and the larger conspiracy behind the illegal construction accused persons and the larger conspiracy behind the illegal c accused persons and the larger conspiracy behind the illegal c The plea of parity invoked by the petitioner is also and mining activities. The plea of parity invoked by the petitioner is also The plea of parity invoked by the petitioner is also and mining activities. accused have been granted the concession of regular misplaced as the co-accused have been granted the concession of regular accused have been granted the concession of regular misplaced as the co bail whereas the petitioner seeks the concession of anticipatory bail which bail whereas the petitioner seeks the concession of anticipatory bail which bail whereas the petitioner seeks the concession of anticipatory bail which bail whereas the petitioner seeks the concession of anticipatory bail which stands on a different footing. Each case has to stands on a differen be evaluated on its own facts has to be evaluated on its own facts Accordingly, the and role of each accused is to be independently assessed. Accordingly, the and role of each accused is to be independently assessed. and role of each accused is to be independently assessed. accused as the principle of parity petitioner cannot claim parity with the co-accused as the principle of parity petitioner cannot claim parity with the co petitioner cannot claim parity with the co conduct and circumstances of is not an absolute right and depends upon the conduct and circumstances of is not an absolute right and depends upon the is not an absolute right and depends upon the each accused. The investigation in the present case each accused. The investigation in the present case is at a crucial stage. a crucial stage. At this stage, the material collected during investigation cannot be brushed this stage, the material collected during investigation cannot be brushed this stage, the material collected during investigation cannot be brushed this stage, the material collected during investigation cannot be brushed aside as vague or baseless. aside as vague or baseless.

#8. Furthermore, the plea of false implication raised by the Furthermore, the plea of false implication raised by the Furthermore, the plea of false implication raised by the petitioner is a disputed question of fact and involves appreciation of petitioner is a disputed question of fact and involves appreciation of petitioner is a disputed question of fact and involves appreciation of petitioner is a disputed question of fact and involves appreciation of evidence, which cannot be adjudicated upon at this stage. The same can evidence, which cannot be adjudicated upon at this stage. The same can evidence, which cannot be adjudicated upon at this stage. The same can evidence, which cannot be adjudicated upon at this stage. The same can only be adjudicated upon at the conclusion of the investi only be adjudicated upon gation or during the the conclusion of the investigation or during the course of trial. In the considered opinion of this Court, granting anticipatory course of trial. In the considered opinion of this Court, granting anticipatory course of trial. In the considered opinion of this Court, granting anticipatory course of trial. In the considered opinion of this Court, granting anticipatory No cause bail at this stage may likely hamper the on-going investigation. No cause bail at this stage may likely hamper the on bail at this stage may likely hamper the on plausible cause has been shown, at this stage, from which it can be nay plausible cause has been shown, at this stage, from which it can be plausible cause has been shown, at this stage, from which it can be plausible cause has been shown, at this stage, from which it can be red that the petitioner has been falsely implicated into the present deciphered that the petitioner has been falsely implicated into the present red that the petitioner has been falsely implicated into the present red that the petitioner has been falsely implicated into the present Furthermore, the Court below has already declined the plea of the FIR. Furthermore, the Court below has already declined the plea of the Furthermore, the Court below has already declined the plea of the Furthermore, the Court below has already declined the plea of the CRM-M- -25558-2026 9 petitioner after considering the relevant factors, including the manner in petitioner after considering the relevant factors, including the manner in petitioner after considering the relevant factors, including the manner in petitioner after considering the relevant factors, including the manner in which the name of the petitioner surfaced during investigation. which the name of the petitioner surface It is befitting d during investigation. It is befitting grant of anticipatory bail, to mention here that while considering a plea for grant of anticipatory bail, to mention here that while considering a plea for to mention here that while considering a plea for the Court has to equilibrate between safeguarding individual rights and the Court has to equilibrate between safeguarding individual rights and the Court has to equilibrate between safeguarding individual rights and the Court has to equilibrate between safeguarding individual rights and magnitude protecting societal interests. The Court ought to reckon with the magnitude protecting societal interests. The Court ought to reckon with the protecting societal interests. The Court ought to reckon with the and nature of the offence; the role attributed to the accused; the need for fair and nature of the offence; the role attributed to the accused; the need for fair and nature of the offence; the role attributed to the accused; the need for fair and nature of the offence; the role attributed to the accused; the need for fair impact of such alleged and free investigation as also the deeper and wider impact of such alleged and free investigation as also the deeper and wide and free investigation as also the deeper and wide iniquities on the society. At this stage, there is no material on record to hold iniquities on the society. At this stage, there is no material on record to hold iniquities on the society. At this stage, there is no material on record to hold iniquities on the society. At this stage, there is no material on record to hold that a prima facie case is not made out against the petitioner. The material ima facie case is not made out against the petitioner. The material case is not made out against the petitioner. The material preliminary investigation, appear to which has come on record and the preliminary investigation, appear to preliminary investigation, appear to which has come on record and establish a reasonable basis for the accusations. Thus, it is not appropriate to establish a reasonable basis for the accusations. Thus, it is not appropriate to establish a reasonable basis for the accusations. Thus, it is not appropriate to establish a reasonable basis for the accusations. Thus, it is not appropriate to oner, as it would necessarily cause grant anticipatory bail to the petitioner, as it would necessarily cause oner, as it would necessarily cause grant anticipatory bail to the petiti State v. Anil Sharma, (1997) 7 impediment in effective investigation. In State v. Anil Sharma, (1997) 7 impediment in effective investigation. In impediment in effective investigation. In , the Hon'ble Supreme Court held as under : SCC 187 : 1997 SCC (Cri) 1039, the Hon'ble Supreme Court held as under : , the Hon'ble Supreme Court held as under : SCC 187 : 1997 SCC (Cri) 1039 (SCC p. 189, para 6) (SCC p. 189, para 6) odial interrogation is “6. We find force in the submission of CBI that custodial interrogation is “6. We find force in the submission of CBI that cust oriented than questioning a suspect who is qualitatively more elicitation-oriented than questioning a suspect who is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In well-ensconced with a favourable order under Section 438 of the Code. In ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of a case like this, effective interrogation of a suspected person is of a case like this, effective interrogation of a suspected person is of tage in disinterring many useful informations and also tremendous advantage in disinterring many useful informations and also tage in disinterring many useful informations and also materials which would have been concealed. Success materials which would have been concealed. Success materials which would have been concealed. Success in such in such in such interrogation would elude if the suspected person knows that he is well interrogation would elude if the suspected person knows that he is well interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he protected and insulated by a pre arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to interrogated. Very often interrogation in such a condition would reduce to interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught a mere ritual. The argument that the custodial interrogation is fraught a mere ritual. The argument that the custodial interrogation is fraught degree methods with the danger of the person being subjected to third-degree methods with the danger of the person being subjected to third an argument can be advanced by all need not be countenanced, for, such an argument can be advanced by all need not be countenanced, for, such accused in all criminal cases. The Court has to presume that responsible accused in all criminal cases. The Court has to presume that responsible accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering offences police officers would conduct themselves in task of disintering offences police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” would not conduct themselves as offenders. CRM-M- -25558-2026 10

#9. vestigation is still at a crucial stage In the present case, the investigation is still at a crucial stage vestigation is still at a crucial stage and the grant of anticipatory bail at this juncture will impede the fair and and the grant of anticipatory bail at this juncture will impede the fair and and the grant of anticipatory bail at this juncture will impede the fair and and the grant of anticipatory bail at this juncture will impede the fair and effective investigation. Considering the nature and seriousness of the effective investigation. Considering the nature and seriousness of the effective investigation. Considering the nature and seriousness of the effective investigation. Considering the nature and seriousness of the allegations, the specific role assigned, the stage of investigation as also allegations, the specific role assigned, the stage of investigation allegations, the specific role assigned, the stage of investigation necessity of custodial interrogation for verification of facts necessity of custodial interrogation for , this Court is of verification of facts, this Court is of the considered opinion that the petitioner does not deserve the concession of the considered opinion that the petitioner does not deserve the concession of the considered opinion that the petitioner does not deserve the concession of the considered opinion that the petitioner does not deserve the concession of of the case in hand. anticipatory bail in the factual milieu of the case in hand. anticipatory bail in the factual

#10. (i) (ii) venient ratiocination, it is ordained thus: In view of the prevenient ratiocination, it is ordained thus: petition is devoid of merits and is hereby dismissed. The instant petition is devoid of merits and is hereby dismissed. petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression Nothing said hereinabove shall be deemed to be an expression Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. of opinion upon merits of the case/investigation. of opinion upon merits of the case/investigation. (iii) on(s), if any, shall also stand disposed off. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE July 21, 202 Ajay 2026 Whether speaking/reasoned: Whether reportable: Yes/No Yes/No