Regular bail in alleged fake Input Tax Credit case granted after charge-sheet filing and prolonged custody.

Regular bail was granted in a prosecution alleging wrongful availment of Input Tax Credit on the basis of forged and fictitious records. The Court, acting under Section 439 CrPC, noted that investigation was complete, the charge-sheet had been filed, and the applicant had remained in custody since 12.10.2023. It also considered the limited stage of proceedings and the absence of any near-term prospect of trial commencement or conclusion. On a prima facie assessment, and without examining the evidence in detail, the Court exercised discretion in favour of bail.

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Issues: Whether the applicant was entitled to regular bail in a case involving alleged wrongful availment of Input Tax Credit on the basis of forged and fictitious records.

Analysis: The application was considered under Section 439 of the Code of Criminal Procedure, 1973. The investigation had been completed and the charge-sheet had been filed. The applicant had been in custody since 12.10.2023. The allegations related to availing Input Tax Credit on the basis of fictitious purchases, but the Court noted the limited stage of the proceedings, the period already undergone in custody, and the absence of any near-term prospect of trial commencement and conclusion. On a prima facie assessment, and without entering into the evidence in detail, the Court found the case fit for exercise of discretion in favour of bail.

Conclusion: Regular bail was granted to the applicant.

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