Anticipatory bail in an economic offence requires prima facie linkage to the accused, not seriousness alone.

Anticipatory bail in an alleged illegal import of contraband goods was justified because the material against the petitioner was limited to one indirect statement, with no further incriminating evidence collected and no established non-cooperation in investigation. The Court applied the settled factors for bail in non-bailable offences, including seriousness of the offence, nature of evidence, likelihood of appearance at trial, risk of witness tampering and public interest, and found that mere gravity of an economic offence was insufficient without prima facie material linking the accused to the offence. Bail was granted on bond and surety, subject to continued cooperation with the investigation.

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Issues: Whether the petitioner was entitled to anticipatory bail in a case of alleged illegal import of contraband goods.

Analysis: The Court noted that anticipatory bail in non-bailable offences depends on the seriousness of the offence, the nature of the evidence, the likelihood of the accused's presence at trial, possible tampering with witnesses, and the wider public interest. It found that the material against the petitioner was limited to one statement linking him indirectly to the alleged import, while no additional incriminating material had been collected after the earlier order of the Bombay High Court. The Court also accepted that the petitioner had appeared and joined the investigation, and that the allegation of non-cooperation was not established.

Conclusion: Anticipatory bail was held to be justified, as no prima facie material showed the petitioner's involvement sufficient to deny protection.

Final Conclusion: The application was allowed and the petitioner was directed to be released on anticipatory bail on furnishing bond and surety, while continuing to join the investigation when required.

Ratio Decidendi: Mere seriousness of an economic offence is not, by itself, a sufficient ground to refuse anticipatory bail unless there is prima facie material connecting the accused to the offence.

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