Chhattisgarh High CourtCriminal Procedure and EvidenceCriminal Law

Man Accused Of Helping Adulterate Liquor Gets Bail, With Chhattisgarh HC Citing Co-Accused Parity And 280-Litre Spirit Seizure From Co-Accused

MAHENDRA TANDEv.STATE OF CHHATTISGARH

Man Accused Of Helping Adulterate Liquor Gets Bail, With Chhattisgarh HC Citing Co-Accused Parity And 280-Litre Spirit Seizure From Co-Accused. MAHENDRA TANDE vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

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.

The court held

The Court allowed the bail application.

It also directed

It 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.

Bail 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.

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.

¶ 1–4

The prosecution alleged that he assisted co-accused in adulterating liquor; liquor and 280 litres of spirit were seized from co-accused persons.

¶ 1–4

The 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.

¶ 1–4

The State opposed bail, noting the quantity seized and alleged involvement.

¶ 1–4

02Issues

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, 6

ii.2. Whether the applicant was entitled to bail on parity with co-accused who had already been granted bail.

¶ 3, 6

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of regular bail.

¶ 1, 6

The 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, 6

Provisions 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.

¶ 6

It 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.

¶ 6

05Holding

The Court allowed the bail application.

¶ 7

It 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.

¶ 7

Bail 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.

¶ 7
Chhattisgarh High Court

Original Court PDF

MAHENDRA TANDEvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · November 04, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment