GST bail application allowed on custody, trial stage and parity with co-accused in a five-year offence

Bail was granted in a GST prosecution after the Court considered the maximum punishment of five years, the petitioner's custody of about 19 months, and the fact that the trial remained at the pre-charge evidence stage with only two of fourteen witnesses examined. Parity with a co-accused who had already obtained bail also weighed in favour of release. The Court further noted admissions regarding recovery of part of the alleged amount, but held that the overall circumstances justified allowing the fourth bail application, subject to imposed conditions.

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Issues: Whether the fourth bail application deserved to be allowed in view of the maximum punishment, length of custody, stage of trial, and parity with the co-accused.

Analysis: The application was considered against the background that the alleged offence under the GST law carried a maximum sentence of five years, the petitioner had remained in custody for about 19 months, the case was still at the stage of pre-charge evidence, and only two witnesses had been examined out of fourteen. The circumstance that a co-accused had already been granted bail was also taken into account, along with the admissions regarding recovery of part of the alleged amount.

Conclusion: The fourth bail application was allowed and bail was granted, subject to the conditions imposed by the Court.

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