Pre-trial custody and regular bail: Court grants release despite prima facie allegations, subject to strict trial conditions.

Regular bail was granted in a forgery and GST-related fraud matter after the Court weighed the prima facie case against the petitioners, the length of pre-trial custody, the stage of investigation, the nature of the allegations, and the fact that co-accused had already received anticipatory bail. The Court held that continued incarceration at the pre-trial stage was not justified and that custody cannot serve as a substitute for punishment after conviction. Bail was therefore allowed subject to strict conditions, including execution of bond, non-tampering with evidence, cooperation with the trial, and compliance with conduct restrictions.

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Issues: Whether the petitioners were entitled to regular bail in the case arising from alleged forgery and GST-related fraud.

Analysis: The petition was for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court noted a prima facie case linking the petitioners to the alleged offence, but also considered the length of pre-trial custody, the stage of investigation, the nature of the allegations, and the fact that co-accused had already obtained anticipatory bail. It held that further incarceration at the pre-trial stage was not justified, provided the petitioners complied with stringent bond and conduct conditions, including non-tampering of evidence and cooperation with the trial process.

Conclusion: Regular bail was granted to the petitioners, subject to compliance with the imposed conditions.

Ratio Decidendi: Pre-trial incarceration should not operate as a substitute for post-conviction punishment, and bail may be granted where custody has continued for a significant period despite only a prima facie case, subject to strict conditions ensuring trial participation and non-interference with evidence.

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