Regular bail in cheating and forgery case granted after prolonged custody, magistrate-triable offences, and likely trial delay.

Regular bail under Section 439 CrPC was granted in a case of alleged cheating, forgery and conspiracy linked to wrongful input tax credit claims. The Court treated prolonged custody of more than two years, the fact that the offences were triable by the Judicial Magistrate First Class, the stage of investigation, and the likelihood of trial delay during Covid-19 restrictions as relevant considerations, while expressly avoiding any comment on the merits. On that basis, the petitioner was admitted to regular bail.

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Issues: Whether the petitioner was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973 in a case involving alleged cheating, forgery and conspiracy connected with wrongful input tax credit claims.

Analysis: The petitioner had remained in custody for more than two years. The offences were triable by the Judicial Magistrate First Class. The Court also noticed the stage of investigation, the likelihood of delay in trial due to the restrictions prevailing during the Covid-19 period, and the general nature of the material placed before it, while expressly refraining from commenting on the merits of the case.

Conclusion: Regular bail was granted to the petitioner.

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