1 2026:CGHC:12129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1288 of 2026 Yash Sontake S/o Gangaram Sonatake Aged About 19 Years R/o Village Jail Para Bemcha, Police Station Mahasamund, Tahsil And District Mahasamund, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Mahasamund, District Mahasamund, Chhattisgarh. ...Non-applicant For Applicant : Mr. Pawan Kesharwani, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.03.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 527/2025 registered at Police Station - Mahasamund, District Mahasamund (C.G.), for the offences punishable under Section 34(2) of the Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.16 15:03:20 +0530 2 2. The prosecution story, in brief, is that on 27/12/2025 the police station Mahasamund received an information from the informer that from Bemcha liquor shop one person taken hues quantity of liquor and comming to Mahasamund from Activa scooty bearing No. C.G. 04 DX 6760 and on the basis of information the police personal stopped the present applicant and from his possession seized 18 bulk liter English liquor and documents has been produced by the applicant therefore, police has registered the crime no. 527/2025 offence under section 34 (2) of Excise Act against the applicant and applicant was arrested on 27/12/2025, and after completion of investigation police has filed challan before the concern Magistrate. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this offence. It is further submitted that It is submitted that the applicant was arrested by the police under the aforesaid offence without proper investigation, as the alleged liquor was seized from a vehicle (Activa) which does not belong to the applicant. It is further submitted that the learned Court below failed to appreciate that only one previous case was registered against the applicant, in which he has already been acquitted vide order dated 28.07.2025, and presently he is not involved in any criminal activity; a copy of the said order is filed as Annexure A/3. The applicant is a 19-year-old young boy and the sole bread earner of his family and is also responsible for taking care of his aged parents. The applicant is in judicial custody since 27.12.2025 and the investigation in the present crime has already been completed and the charge- sheet has been filed on 28.01.2026 before the learned Chief Judicial Magistrate. In these circumstances, as the applicant has a good case 3 on merits and the trial is likely to take considerable time, it is prayed that he be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been filed before the competent Court and and that the applicant has remained in judicial custody since 27.12.2025, and as the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Yash Sontake, involved in Crime No. 527/2025 registered at Police Station - Mahasamund, District Mahasamund (C.G.), for the offences punishable under Section 34(2) of the Excise Act, be released on bail on his furnishing personal bond with two local 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 his under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav