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2026 DAILYLAW 25178 (CHH)

TAKSH TANDON v. STATE OF CHHATTISGARH

MCRC/5961/2026 · 2026-07-06

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Judgment text

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1 CGHC010211552026 2026:CGHC:27935 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5961 of 2026 Taksh Tandon S/o Harman Tandon Aged About 28 Years R/o Bhilai 2, Lalpuri Colony, Sector-6, Bhilai District Durg Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Simga, District Balodabazar Bhatapara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 609/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Simga, District Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS. 2. Case of the prosecution, in brief, is that the applicant, in collusion with co-accused Tularam Daharia, induced the complainant to sell his paddy by assuring payment at the rate of Rs.2,100/- to Rs.2,200/- per quintal. Pursuant thereto, 85 quintals of paddy worth Rs.1,95,000/- were purchased, out of which only Rs.90,000/- was paid and the balance amount of Rs.1,05,000/- remained unpaid. It is further alleged that the applicant and the co-accused similarly purchased paddy from 34 farmers and failed to pay an aggregate amount of Rs.28,59,527/-, thereby cheating the farmers. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the identically situated co-accused, namely, Tularam Dahariya, who also has two criminal antecedents has already been granted bail by this Court vide order dated 06.05.2026 in MCRC No. 3260 of 2026. The applicant is in jail since 18.10.2025, the applicant has two criminal antecedents of identical nature of the year 2025, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly in collusion with co-accused, Tularam Daharia, induced the complainant and other farmers to sell their paddy on the assurance of payment, but after purchasing the paddy, failed to pay the agreed consideration and cheated them, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 18.10.2025, the fact that though the applicant allegedly in collusion with co-accused, Tularam Daharia, induced the complainant and other farmers to sell their paddy on the assurance of payment, but after purchasing the paddy, failed to pay the agreed consideration and cheated them, but considering the fact that the co-accused, namely, Tularam Dahariya, who also has two criminal antecedents has already been granted bail by this Court vide order dated 06.05.2026 in MCRC No. 3260 of 2026, hence the case of present applicant is identical to that of the aforesaid co-accused person, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicant-Taksh Tandon, involved in Crime No. 609/2025 registered at Police Station Simga, District Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is 5 deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil