MAHENDRA TANDE vs STATE OF CHHATTISGARH

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CGHC010433562026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 10559 of 2026
Mahendra Tande S/o Premlal Tande Aged About 32 Years R/o Village
Devari, Police Station Komakhan, District Mahasamund (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, P.S. Komakhan,
District Mahasamund (C.G.)
... Non-Applicant(s)
For Applicant : Mr. Divyansh Shukla, Advocate.
For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
04/11/2026
This is the first bail application filed by the applicant under Section
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483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of
regular bail, as he has been arrested in connection with Crime No.
104/2026, registered at Police Station Komakhan, District
Mahasamund (C.G.), for the offences punishable under Sections
34(2), 35 and 49-B(C) of the Chhattisgarh Excise Act and
Sections 274, 275, 347, 338 and 340(2) of the Bharatiya Nyaya
Sanhita, 2023.

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The prosecution story, in brief, is that during routine patrolling, the
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police received secret information that three persons had illegally
stored country-made Mahua liquor and spirit for the purpose of
mixing and selling the same. Acting upon the information, the
police conducted a raid and allegedly seized liquor and 280 litres
of spirit. It is alleged that the applicant assisted the co-accused
persons in adulterating the liquor. On the basis of the said
information and seizure, the aforesaid offences were registered
against the applicant and other accused persons.
Learned counsel for the applicant would submit that the applicant
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is innocent and has been falsely implicated in the present case.
He would further submit that similarly situated co-accused
persons, namely, Upendra Kumar Singh and Ranjeet Singh, have
already been granted bail by this Court in MCRC No. 10352 of
2026 vide order dated 02.11.2026. He would also submit that co-
accused persons, namely, Ashish Jangde, Bhuvan Malhotra and
Naresh Malhotra, have been granted bail by this Court in MCRC
No. 9741 of 2026 vide order dated 30.10.2026. Similarly, co-
accused Mohammad Kaleem has also been granted bail by this
Court in MCRC No. 9308 of 2026 vide order dated 16.10.2026
and the case of the present applicant is on similar footing and
therefore, he is also entitled to the benefit of parity. It is further
submitted that the applicant is in jail since 12.07.2026, the alleged
seizure was not made from his exclusive possession and his

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implication is based on the memorandum statement of the co-
accused. The applicant has one previous criminal case bearing
Crime No. 106/2024, registered at Police Station Komakhan, in
which he has already been acquitted vide judgment dated
14.11.2024. The conclusion of the trial is likely to take some time.
On these grounds, learned counsel prays for grant of bail to the
applicant.
4. On the other hand, learned State counsel would oppose the
prayer for grant of bail and submit that the charge-sheet has
already been filed before the competent Court however, she
would submit that, looking to the quantity of liquor seized from the
possession of the co-accused persons and the alleged
involvement of the present applicant in the commission of the
offence, the applicant is not entitled to be released on bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegations levelled against the applicant, the
fact that the applicant has no subsisting criminal antecedents and
the previous criminal case registered against him has culminated
in acquittal, further, the fact that the alleged liquor and spirit were
seized from the possession of the co-accused persons and
similarly situated co-accused persons, namely, Upendra Kumar
Singh and Ranjeet Singh, have been granted bail by this Court in

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MCRC No. 10352 of 2026 vide order dated 02.11.2026, co-
accused persons Ashish Jangde, Bhuvan Malhotra and Naresh
Malhotra have been granted bail in MCRC No. 9741 of 2026 vide
order dated 30.10.2026 and co-accused Mohammad Kaleem has
also been granted bail in MCRC No. 9308 of 2026 vide order
dated 16.10.2026 and further considering that the applicant is in
jail since 12.07.2026 and the conclusion of the trial is likely to take
some time, I am inclined to grant regular bail to the applicant.
7. Accordingly, the bail application of the applicant is allowed . It is
directed that in the event of the applicant executing a personal
bond for a sum of Rs.50,000/- with one surety in the like sum to
the satisfaction of the concerned trial Court, he shall be released
on bail on the following conditions:-
(i) he shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the Court;
(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each
and every date given to him by the said Court till
disposal of the trial.
Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal