2025 (8) TMI 603 - HC - GST

Regular bail granted to accused in forgery, fraud, and GST evasion under strict bond conditions and compliance

The HC granted regular bail to the petitioners accused of forgery, fraud, and GST evasion, noting sufficient prima facie evidence against them. Despite ... Seeking grant of regular bail - forgery and fraud involving signatures - evasion of GST - HELD THAT:- There is sufficient primafacie evidence connecting the petitioners with the alleged crime. However, pre-trial incarceration should not be a replica of post-conviction sentencing. The petitioners have been in custody since 20.03.2025. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability further pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. The petitioners shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioners shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case, or dissuade them from disclosing such facts to the Police or the Court. Petition allowed. ISSUES:1. Whether the petitioners are entitled to regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in respect of offences including fraud, forgery and criminal conspiracy.2. Whether existence of 'prima facie evidence connecting the petitioners' and the gravity of offences precludes grant of bail where petitioners have been in pre-trial custody.3. What conditions are appropriate and lawful to impose on bail, including identification requirements, surety obligations and restraints against tampering with evidence or influencing witnesses.4. Whether bail may be made conditional on future conduct and subject to cancellation if the accused 'indulge in any non-bailable offense' after release.5. Whether a downloaded copy of the Court order from the official web page may be used and attested for the purpose of furnishing bonds.RULINGS / HOLDINGS:1. The petitioners are entitled to bail under Section 483 BNSS subject to conditions; the Court found that, although there is 'prima facie evidence connecting the petitioners with the alleged crime', 'pre-trial incarceration should not be a replica of post-conviction sentencing'.2. The existence of prima facie evidence and the penal provisions invoked do not, by themselves, justify continued pre-trial incarceration where other factors (including absence of criminal antecedents and co-accused on bail) make bail appropriate 'in the facts and circumstances peculiar to this case'.3. Bail is granted on furnishing bonds and sureties to the satisfaction of the concerned Court, with the requirement that the Court be satisfied that any surety can produce the accused if the accused fails to appear.4. The petitioners must furnish personal identification details in the personal bond (including 'AADHAR number', 'Passport number (If available)', 'Mobile number (If available)' and 'E-Mail id (If available)') as part of the conditions of release.5. The petitioners shall 'not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case'.6. 'This bail is conditional and the foundational condition is that if the petitioners indulge in any non-bailable offense, the State shall file an application for cancellation of bail in all FIRs pending against the petitioners before the Sessions Court, which shall be at liberty to cancel this bail.'7. A certified copy of the order is not required for furnishing bonds; an Advocate may download the order from the official web page of the Court and attest it to be a true copy, and an attesting officer may verify authenticity by using the downloaded copy.RATIONALE:1. Legal framework applied: Section 483 BNSS (regular bail) and established principles that pre-trial detention must be balanced against the right to liberty; statutory bond conditions govern release on bail and surety obligations.2. Factors informing the exercise of discretion included 'prima facie evidence connecting the petitioners', the nature and gravity of alleged offences (including allegations of forgery, fraud and conspiracy to withdraw a frozen government credit), absence of criminal antecedents, duration of pre-trial custody, and the fact that a co-accused had obtained anticipatory bail; these factors collectively supported conditional release.3. The Court emphasized that 'pre-trial incarceration should not be a replica of post-conviction sentencing' and that bail may be used to afford an accused an opportunity to 'course-correct, reform, and reintegrate into the community as an ideal citizen.' 4. Procedural protections and enforcement measures imposed: personal identification particulars in bonds, satisfaction of the Court regarding surety's ability to produce the accused, prohibition on tampering with evidence or influencing witnesses, and explicit provision for cancellation of bail upon commission of any non-bailable offense.5. Administrative direction: downloaded copies from the Court's official web page are acceptable for attestation and bond furnishing, subject to verification of authenticity by the attesting officer or Court.