Regular bail in forgery, cheating and GST evasion matter granted after charge-sheet and parity with co-accused

Regular bail was granted in a case alleging forgery, cheating and GST evasion under Section 439 CrPC, as the applicant had remained in custody since 05.11.2022, the investigation was complete and the charge-sheet had been filed. The Court noted that no GST proceedings had been initiated against the applicant under the GST enactments, considered the parity available to a co-accused, and applied the principle that continued pre-trial detention is unwarranted when further custodial interrogation is unnecessary. On these factors, the applicant was held entitled to regular bail.

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Issues: Whether the applicant was entitled to regular bail in a case alleging forgery, cheating and GST evasion.

Analysis: The application was considered under Section 439 of the Code of Criminal Procedure, 1973. The applicant had been in custody since 05.11.2022, the investigation was complete and the charge-sheet had been filed. The order notes that the allegation concerned GST evasion, but no proceedings had been initiated by the GST department against the applicant under the GST enactments. The Court also took into account the order of parity in favour of co-accused and the general principle that pre-trial detention should not be continued where further custodial interrogation is unnecessary.

Conclusion: The applicant was held entitled to regular bail.

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