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2026 DAILYLAW 33955 (CHH)

SANJAY TANDAN, v. STATE OF CHHATTISGARH

MCRC/7329/2026 · 2026-08-30

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Judgment text

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1 CGHC010309132026 2026:CGHC:38415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7329 of 2026 1 - Sanjay Tandan, Son Of Shri Babulal Tandan, Aged About 35 Years R/o- Village Akolikhurd, Aarang, Police Station Aarang, District- Raipur (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Aarang, Raipur, District- Raipur (C.G.) Respondent(s) For Applicant (s) : Mr. P. K. Patel, Advocate For Respondent(s) : Mr. Shailendra Sharma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.263/2026, registered at Police Station Aarang, District Raipur (C.G.) for the offence punishable under Sections 4, 6, 10 & 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that the Police team of Police Station Aarang, Raipur was on patrolling duty during which they had received an information from the Mobile that four persons are travelling through vehicle No. CG06 GZ 9607 and transporting cattle illegally from Aarang to Pandhi. The team searched them on the way and seized the vehicle along with 03 Nos. cattle. Thereafter on the report made by the informant Galav Sonkar, Sagar Sahu, Tarun Mishra to Station House Officer, Aarang against the accused persons namely Sanjay Tandan, Kamlesh Yadav and Rajesh Yadav, a case was registered against the accused persons and they were arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the false seizure memo has been prepared by the police in order to rope the applicant in a false criminal case. He further submitted that the applicant is in jail since 21.05.2026, the criminal antecedents against him are old and stale and he has been acquitted in most of the criminal antecedents against him, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that there are 7 criminal 3 antecedents against the applicant, as such he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the applicant is in jail since 21.05.2026, the criminal antecedents against the applicant are old and stale and in most of the criminal antecedents, he has been acquitted, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Sanjay Tandan, involved in Crime No.263/2026, registered at Police Station Aarang, District Raipur (C.G.) for the offence punishable under Sections 4, 6, 10 & 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, 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 4 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/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his/her 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 his/her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 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/her in accordance with law.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala