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2026 DAILYLAW 14650 (CHH)

SULENDRA KUMAR TANDON @ BHOLA TANDON v. STATE OF CHHATTISGARH

MCRC/47/2026 · 2026-01-18

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 2026:CGHC:3043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 47 of 2026 1 - Sulendra Kumar Tandon @ Bhola Tandon S/o Shivnath Tandon, Aged About 26 Years, R/o Village Karhi, P.S. Birra, Distt. Janjgir Champa, Chhattisgarh. 2 - Anil Kumar Tandon S/o Vishwanath Tandon, Aged About 36 Years, R/o Village Karhi, P.S. Birra, Distt. Janjgir Champa, Chhattisgarh. ... Applicantss versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Birra, Distt. Janjgir Champa, Chhattisgarh. ... Respondent For Applicants : Mr. Raghvendra Pradhan, Advocate For Respondent : Mr. Sumit Singh, Dy.A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 19.01.2026 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.117/2025 registered at Police Station Birra, District Janjgir-Champa (CG) for the offence punishable under Sections 103(1), 61(2) & 123 of BNS. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.01.19 16:52:52 +0530 2 2. The prosecution story, in brief, is that the applicants/accused persons were working as farmers and were also engaged in selling illicit liquor. The deceased, Manoj Yadav and Suraj Yadav would threaten to implicate them in criminal cases and would take free liquor from them. Due to this, the applicants conspired and served the deceased liquor mixed with poison. After consuming the liquor, the deceased was admitted to the hospital and died during treatment. During the investigation, a crime was registered against the accused persons for the aforesaid offence. 3. Learned counsel appearing for the applicant submits that the applicants have been falsely implicated in the present case. He further submits that there is no direct evidence to link the present applicants in the instant case, and the evidence collected by the prosecution is not prima facie sufficient to hold them guilty of the alleged offences. The applicants are in jail since 17.09.2025, and the trial has not yet commenced. There is no likelihood of the trial to be concluded at the earliest, therefore, the applicants may be released on bail. 4. Learned State counsel opposes the bail application, submitting that there is a named FIR against the applicants, alleging that they mixed an unknown poison (suhaga) in liquor and served it to the deceased. During 3 investigation, the same unknown poison (suhaga) was recovered from the applicants' house. Given the nature and gravity of the offence, the State counsel submits that the applicants should not be granted bail, as the trial has not yet commenced. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence, the material collected and available on record against the applicants and the fact that the trial has not yet commenced, I do not find it appropriate to release the applicants on bail at this stage. 7. Accordingly, the present bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) JUDGE Sourabh P.