Regular bail in GST prosecution upheld where prolonged custody risked violating personal liberty and speedy trial rights.

Regular bail in a GST prosecution was justified because the offence was triable by a Magistrate and carried a maximum sentence of five years. The petitioner had been in custody for more than eight months, had no other criminal involvement, and cognizance had already been taken. As the prosecution case was mainly documentary and involved ten witnesses, further detention was likely to prolong the trial and impair personal liberty and the right to speedy trial under Article 21. Bail was granted subject to furnishing bail and surety bonds and compliance with conditions.

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Issues: Whether the petitioner was entitled to regular bail in a GST prosecution having regard to the nature of the offence, period of custody, stage of trial, and the constitutional guarantee of personal liberty and speedy trial.

Analysis: The offence was triable by a Magistrate and carried a maximum sentence of five years. The petitioner had remained in custody for more than eight months, had no other criminal involvement, cognizance had already been taken, and the prosecution case was primarily documentary with ten witnesses. In these circumstances, further detention was likely to prolong the trial and infringe the petitioner's right to personal liberty and speedy trial under Article 21 of the Constitution of India.

Conclusion: Regular bail was granted to the petitioner, subject to furnishing bail and surety bonds and complying with the stated conditions.

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