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JASJIT SINGH BEDI
Madan Lal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in case FIR No.1940 dated 28.02.2024 under Section 379 IPC and Sections 21(1) & 21(4) of the Mines and Mineral Act, 1957 registered at Police Station Haryana Estate Enforcement Bureau, Hisar.
2. The present FIR came to be registered on the complaint of Rajesh Kumar, Mining Officer, Mining and Geology Department, Hisar and reads as under:-
The court established that the prima facie case against the accused must be prioritized in anticipatory bail applications, and the absence of custodial interrogation alone does not warrant granting b....
The gravity of the offence, potential need for custodial interrogation, and environmental impact of illegal mining were central to the court's decision.
Anticipatory bail can be granted when allegations against the petitioner lack substantiating evidence, emphasizing the protection of personal liberty.
Illegal mining poses serious environmental and infrastructural risks, and custodial interrogation may be necessary to unearth the truth.
Anticipatory bail granted based on clean antecedents and financial undertaking despite allegations of illegal activities.
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