The Punjab and Haryana High Court has granted regular bail to a former village sarpanch in a significant case involving environmental violations and the alleged facilitation of illegal mining activities within the protected Aravali ranges. This decision comes after careful consideration of the prolonged judicial custody and the anticipated lengthy trial process.
Court's Rationale for Bail Grant
Justice Sumeet Goel allowed the bail petition of Mohammad Hanif, also known as Hanna, who has been in judicial custody since October 15, 2025. The court observed that the trial is likely to take a considerable amount of time due to the large number of prosecution witnesses involved in the case. This factor played a crucial role in the court's decision to grant bail at this stage.
Serious Allegations and Legal Framework
Hanif faces serious charges under multiple acts, including the Bharatiya Nyaya Sanhita (BNS), the Mines and Minerals (Development and Regulation) Act, the Environment Protection Act, the Punjab Land Preservation Act, and the Prevention of Corruption Act. The case originated from an FIR registered on June 1, 2025, at the Anti-Corruption Bureau police station in Gurgaon.
The allegations stem from a Central Empowered Committee report submitted to the Supreme Court, which claimed that an illegal road was constructed in Basai Meo village without obtaining mandatory approvals. According to the committee, this road cut through both forest land and agricultural land, allegedly facilitating illegal mining and the transportation of minerals near the Haryana-Rajasthan border.
Defense Arguments and Prosecution's Stance
During the hearing, senior counsel for the petitioner argued that Hanif was falsely implicated in the case. The defense contended that he merely forwarded a proposal for a village passage, while the actual execution was carried out by government departments. Additionally, the defense highlighted that similarly placed co-accused individuals had already received bail, and none of the 117 cited prosecution witnesses had been examined so far.
Opposing the bail plea, the state government emphasized the seriousness of the allegations against the petitioner, which are directly linked to environmental damage and corruption. The prosecution argued that the case involved significant public interest and potential harm to protected ecological zones.
Court's Observations on Bail Conditions
However, the court noted that no material was presented on record to suggest that the petitioner would abscond or tamper with evidence if released on bail. The court held that continued incarceration of the petitioner as an undertrial was not justified at this stage of the proceedings.
Hanif was ordered to be released on bail subject to strict conditions, including surrendering his passport, refraining from influencing witnesses, and not delaying the trial process. These conditions aim to balance the interests of justice while ensuring the petitioner's presence throughout the legal proceedings.
Central Empowered Committee's Detailed Findings
In its report submitted to the Supreme Court, the Central Empowered Committee provided detailed findings about the unauthorized road construction. The report stated that the newly constructed road connected three villages bordering Rajasthan—Chhapra, Dhaulet, and Naget—with Basai village in Firozpur Jhirka, Haryana.
The construction appeared to be initiated by the sarpanch in collusion with certain government officials, allegedly driven by personal financial interests. Given the proximity to mining areas near the Rajasthan border, the committee found that this road was being misused to facilitate illegal mining activities and the transportation of illegally mined minerals, enabling the accumulation of wealth for personal gain.
The case highlights the ongoing challenges in protecting ecologically sensitive areas like the Aravali ranges from unauthorized development and resource exploitation. The judicial process continues as the trial prepares to examine numerous witnesses and evidence related to these serious environmental and corruption allegations.
