Bail in CGST prosecution granted where custody was no longer necessary and ordinary risks did not outweigh release conditions.

Bail in a CGST prosecution was granted after the court applied settled discretionary factors: the nature of the accusation, supporting material, length of custody, need for further custodial interrogation, risk of tampering with evidence or influencing witnesses, and likelihood of absconding. The court noted that the departmental complaint or charge-sheet had not been shown to be ready within the statutory period, that the main accused had already been granted bail, and that the applicants had remained in custody for a substantial period. On those circumstances, the applicants were admitted to bail on bail bonds and sureties subject to standard conditions.

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Issues: Whether the applicants, arrested in a CGST prosecution, were entitled to be released on bail.

Analysis: Bail was considered on the settled principles governing judicial discretion, namely the nature of the accusation, the supporting material, the length of custody, the need for further custodial interrogation, the risk of tampering with evidence or influencing witnesses, and the likelihood of absconding. The Court also took note that the departmental complaint or charge-sheet had not been shown to be ready within the statutory period, that the main accused had already been granted bail, and that the applicants had remained in custody for a substantial period. Reliance was placed on the governing principles laid down for bail decisions and on a similar bail order in a comparable CGST matter.

Conclusion: The applicants were held entitled to bail and were admitted to bail on furnishing bail bonds and sureties subject to standard conditions.

Ratio Decidendi: Bail in a serious economic offence may be granted where custody is no longer shown to be necessary, the investigation does not indicate immediate filing of the complaint, and the usual risks of flight or tampering do not outweigh the circumstances favouring release.

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