Facts
The applicant, Yash Sontake, was arrested on December 27, 2025, in connection with Crime No. 527/2025 registered at Police Station - Mahasamund, District Mahasamund (C.G.), for offenses under Section 34(2) of the Excise Act.
Source reference: para. 1, 2Police received information from an informer that a person from Bemcha liquor shop was transporting a large quantity of liquor to Mahasamund on an Activa scooty.
Source reference: para. 2Acting on this information, police intercepted the applicant and seized 18 bulk liters of English liquor from his possession.
Source reference: para. 2The applicant was 19 years old, claimed to be the sole bread earner for his aged parents, and had been in judicial custody since December 27, 2025.
Source reference: para. 3Investigation was completed, and a chargesheet was filed before the Chief Judicial Magistrate on January 28, 2026.
Source reference: para. 3The applicant contended that he was falsely implicated, the vehicle from which the liquor was seized did not belong to him, and he had been acquitted in his only previous case on July 28, 2025.
Source reference: para. 3Issues
1. Whether the applicant, Yash Sontake, should be granted regular bail in connection with Crime No. 527/2025 under Section 34(2) of the Excise Act.
Source reference: para. 1Law Applied
The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which governs the filing of bail applications.
Source reference: para. 1The decision was guided by general principles for granting bail, considering the overall facts and circumstances of the case, the nature and gravity of the allegations, the duration of judicial custody, and the likely time for trial conclusion.
Source reference: para. 6Reasoning
The court considered the applicant's status as a 19-year-old in judicial custody since December 27, 2025.
Source reference: para. 3, 6It noted that the investigation was complete and the charge-sheet had already been filed.
Source reference: para. 3, 6The court acknowledged the applicant's contention that he was falsely implicated and that the vehicle from which the liquor was seized did not belong to him.
Source reference: para. 3Furthermore, the court considered that the trial was likely to take a considerable amount of time to conclude.
Source reference: para. 3, 6Based on these factors, the court determined that it was appropriate to grant regular bail.
Source reference: para. 6Holding
The court allowed the first bail application.
It held that the applicant, Yash Sontake, should be released on regular bail.
Source reference: para. 6, 7He is required to furnish a personal bond with two local sureties in a like sum to the satisfaction of the concerned court.
Source reference: para. 7The bail is subject to conditions, including an undertaking not to seek adjournments, appearance before the trial court, and consequences for misusing liberty or failing to appear.
Source reference: para. 7(i)-7(iv)Original Court PDF
YASH SONTAKEvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in