Facts
The applicant, Taksh Kumar Tandon, was arrested on October 18, 2025, in connection with Crime No. 503/2025
Source reference: para. 3, 6The complainant, Kamal Narayan Verma, alleged that on September 18 and 19, 2025, the applicant purchased paddy worth Rs. 15,33,082/- and issued a cheque from HDFC Bank despite knowing there were insufficient funds, thereby cheating multiple farmers
Source reference: para. 2The applicant contended that the FIR was delayed by one month, the cheque was for security only, and he had already paid the complainant
Source reference: para. 3This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS)
Source reference: para. 1Issues
1. Whether the applicant is entitled to the grant of regular bail considering his period of custody, the filing of the charge-sheet, and his criminal antecedents
Source reference: para. 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail
Source reference: para. 1Section 318(4) of the Bhartiya Nyay Sanhita (BNS), which pertains to cheating and dishonestly inducing delivery of property
Source reference: para. 1Procedural compliance and bail conditions were governed by Section 269 of the BNS (non-attendance in obedience to an order from public servant), Section 84 of the BNSS (proclamation for person absconding), and Section 351 of the BNSS (evidence in presence of accused)
Source reference: para. 7Reasoning
The Court weighed the severity of the allegations against the procedural status of the case. It noted that while the applicant had two criminal antecedents of a similar nature, he had been granted bail in one and provided explanations for both in his application
Source reference: para. 3, 6The Court observed that the charge-sheet had already been filed and the applicant had been in continuous judicial custody since October 18, 2025
Source reference: para. 4, 6Given that the trial's conclusion would likely take significant time, the Court reasoned that further incarceration was not required, provided stringent conditions were imposed to ensure the applicant's presence and prevent the abuse of liberty
Source reference: para. 6, 7Holding
The court answered the issue in the affirmative, holding that the applicant's duration of custody and the filing of the charge-sheet outweighed the concerns regarding his criminal history
The High Court allowed the bail application and ordered the release of the applicant on personal bond with two sureties
Source reference: para. 7Relief was granted subject to conditions: the applicant must not seek unnecessary adjournments, must appear at every hearing, and must comply with procedural requirements under Sections 209 and 351 of the BNSS
Source reference: para. 7Original Court PDF
TAKSH TANDONvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in