Regular bail in customs prosecution granted after completed investigation and prolonged custody, with settled bail factors favouring release.

The HC granted regular bail under Section 439 CrPC in a customs-related prosecution, holding that prolonged custody, substantially completed investigation, and filing of the complaint justified release. Applying settled bail factors, including the nature of accusation, severity of punishment, supporting material, risk of witness tampering, and delay in trial, the Court found no sufficient ground to deny bail merely on allegations of prior similar activity. On the facts, the completed investigation and the prima facie case for discretionary relief weighed in favour of the applicant, who was ordered to be released on conditions.

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Issues: Whether the applicant was entitled to regular bail under Section 439 of the Code of Criminal Procedure in connection with offences under the Customs Act and allied allegations.

Analysis: The applicant had been in custody for a substantial period, the investigation was substantially complete, and the complaint had already been filed. The Court applied the settled bail principles of the nature of accusation, severity of punishment, supporting evidence, apprehension of tampering with witnesses, and delay in trial. On the facts, there was no sufficient ground to refuse bail merely because of the allegations of prior similar activity, particularly when the material investigation was over and the Court found a prima facie case for exercise of discretion in favour of release.

Conclusion: The applicant was entitled to regular bail and was ordered to be released on conditions.

Ratio Decidendi: Regular bail may be granted where the investigation is substantially complete, custody has become prolonged, and the settled factors governing bail weigh in favour of release despite serious allegations.

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