01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after his arrest in connection with a case alleging offences 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.
¶ 1–4The prosecution alleged that he assisted co-accused in adulterating liquor; liquor and 280 litres of spirit were seized from co-accused persons.
¶ 1–4The applicant relied on the grant of bail to co-accused, the absence of seizure from his exclusive possession, his custody since 12 July 2026, an earlier case ending in acquittal, and the likely delay in trial.
¶ 1–4The State opposed bail, noting the quantity seized and alleged involvement.
¶ 1–402Issues
i.1. Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations, custody and likely duration of trial.
¶ 1, 6ii.2. Whether the applicant was entitled to bail on parity with co-accused who had already been granted bail.
¶ 3, 603Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of regular bail.
¶ 1, 6The Court assessed the application by reference to the circumstances identified in its order, including the nature and gravity of the allegations, the applicant’s criminal antecedents, the circumstances of the seizure, parity with bailed co-accused, the period of custody and the likely time required to conclude the trial. No separate precedent or further legal test was cited.
¶ 1, 6Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 274Section 275Section 347Section 338Section 340
04Reasoning
The Court considered that the alleged liquor and spirit had been seized from co-accused persons, rather than from the applicant’s exclusive possession, and that the applicant’s earlier criminal case had ended in acquittal, leaving no subsisting criminal antecedents.
¶ 6It also noted that several similarly situated co-accused had been granted bail, that the applicant had been in custody since 12 July 2026, and that the trial was likely to take time. On those combined circumstances, the Court found it appropriate to grant regular bail.
¶ 605Holding
The Court allowed the bail application.
¶ 7It directed that the applicant be released upon furnishing a personal bond of ₹50,000 with one surety for the like amount to the satisfaction of the trial Court.
¶ 7Bail was subject to conditions prohibiting interference with witnesses or the fair and expeditious trial and requiring the applicant to attend every date fixed by the trial Court until the trial’s disposal.
¶ 7Original Court PDF
MAHENDRA TANDEvsSTATE OF CHHATTISGARH
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