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2026 DAILYLAW 36756 (CHH)

MADAN TANDI v. STATE OF CHHATTISGARH

MCRC/7907/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010331452026 2026:CGHC:41353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7907 of 2026 1. Madan Tandi S/o Damrudhar Tandi, Aged About 45 Years R/o Village Mahaling, Police Station Kegaon, District Kalahandi (Odisha), 2. Shanti Tandi, W/o Late Fagguprasad Tandi, Aged About 45 Years R/o Village Liyad, Police Station Sinapali, District Nuapada (Odisha), --- Applicant versus 1. State Of Chhattisgarh Through Officer In Charge, Police Station Komakhan, District Mahasamund, (C.G.) --- Non-applicant WITH MCRC No. 8213 of 2026 1. Harishchand Tandi S/o Bhimsen Tandi Aged About 53 Years R/o Village Liyad, Police Station Sinapali, District Nuapada (Odisha) ---Applicant Versus 1. State Of Chhattisgarh Through Officer In Charge, Police Station Komakhan, District Mahasamund, (C.G.) --- Non-applicant For Applicants : Mr. Divyansh Shukla, Advocate For Non-Applicant : Mr. Sourabh Sahu, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board Digitally signed by AJINKYA PANSARE Date: 2026.09.23 14:16:09 +0530 2 23.09.2026 1. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 108/2026 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 20(B)(ii) of the NDPS Act. 2. Case of the prosecution, in brief, is that police of Police Station Komakhan, District Mahasamund (C.G.) received a secret information from the informant and on the basis of said information, raid was conducted wherein 12.750 kg of Ganja was seized from the possession of the present applicants. Thereafter, the aforesaid case was registered against the present applicants. 3. Learned Counsel for the applicant submits that the present applicants have falsely been implicated in this case and the said 12.750 kg of Ganja was not seized from their exclusive possession. He further submits that the applicant – Madan Tandi has one criminal antecedent under Gambling Act which has been disposed, applicant – Shanti Tandi has no criminal antecedent and applicant – Harishchand Tandi has one criminal antecedent u/s 294 and 506 IPC. He also submits that applicants have been in jail since 23.07.2026 and 29.07.2026 respectively and conclusion of the trial is likely to take quite long time, therefore he prays for grant of regular bail to the applicants. 3 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He also submits that the applicants may abscond, therefore they are not entitled for grant of regular bail in the present case. 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 allegation levelled against the present applicants and the fact that the applicants – Madan Tandi and Shanti Tandi have no live criminal antecedent whereas applicant – Harishchand Tandi has one criminal antecedent u/s 294 and 506 of IPC pertaining to year 2022, moreover, the fact that the charge-sheet has been filed before the competent Court and applicants are in jail since 23.07.2026 and 29.07.2026 respectively, conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. It is directed that in the event of the applicants executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- 4 (a) they shall make themselves available for interrogation by the police officer as and when required; (b)they 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; and (c) they shall not act in any manner which will be prejudicial to a fair and expeditious trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. - Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a