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2025 DAILYLAW 58719 (CHH)

MAHENDRA TANDON v. STATE OF CHHATTISGARH

MCRCA/1766/2025 · 2025-11-12

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Judgment text

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1 2025:CGHC:55368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1766 of 2025 Mahendra Tandon S/o Samaylal Tandon Aged About 28 Years R/o Village Bade Katekoni Tehsil And Police Station Dabhara, District : Sakti, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer Dabhara, District : Sakti, Chhattisgarh ... Non-applicant For Applicant : Mr. T.K. Jha, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer S.B.: Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/11/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 318/2025 registered at Police Station - Dabhara, District - Sakti (C.G.) for the offence punishable under Sections 296, 351 (2), 115 (2), 333 & 191 (2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The prosecution case is that on 24.09.2025 the complainant a resident of village Bade Kate koni was in his house along with his family. On the occasion of Navratri, a public Durga pavilion (Pandal) had been set up near his house and at about 8:30PM, loud music was being played from the loudspeaker in the pavilion (pandal), due to which the complainant's children 2 were unable to sleep and started crying. When the complainant went to the Durga Pandal and requested the sound operator to lower the volume of the loudspeaker after this, accused started abusing the complainant in filthy language, thereby insulting and humiliating in public. Thereafter, the applicant along with Yadram Tandon, Yog Kumar Tandon, Harishankar Bhaskar and Durga Tandon and others jointly attacked the complainant and his family with sticks, fists and kicks. During the scuffle, the accused persons forcibly entered the complainant's house threatening to kill the complainant and his family and subsequently, the report was lodged in the concerned police station. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that, against the bail rejection order, the identically situated co-accused, namely, Yog Kumar Tandon preferred an anticipatory bail application bearing M.Cr.C.A. No. 1732 of 2025 before this Court, in which the the co-accused person has been granted the benefit of anticipatory bail. Hence, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant is the one of the accused who, along with co-accused who had assaulted the victim and caused grievous injury over his person. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, namely, Yog Kumar Tandon preferred an anticipatory bail application bearing M.Cr.C.A. No. 1732 of 2025 before this Court, in which the the co-accused persons have been granted the benefit of anticipatory bail vide order dated 10.11.2025, as such, without further 3 commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mahendra Tandon, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/-/-d/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY