2026-VIL-546-P&H
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SGST High Court Cases

GST – Bail Application - Whether an accused person charged with economic offence involving substantial loss to state exchequer, who has undergone custody for about four months with no prior criminal antecedents and where the evidence is purely documentary in nature, is entitled to bail despite the severity of the alleged fraud – HELD - Grant of bail is the general rule and imprisonment is the exception. The severity of offence alone cannot justify denial of bail when there is no apprehension of tampering with evidence or absconding. The fundamental right to speedy trial under Article 21 of the Constitution cannot be denied to an undertrial prisoner. Since the investigating agency has had four months to collect documentary evidence and the trial is unlikely to conclude in the near future, continued detention serves no purpose – Further, the documentary and electronic nature of evidence means official witnesses only would testify, eliminating any concern of witness tampering or intimidation. Additionally, the arrest must proceed on belief supported by material reasons recorded in writing and not on suspicion alone, and that there is no indication on record that the petitioner would tamper with evidence or refrain from participating in trial if released on bail - The petitioner is ordered to be released on furnishing personal bond and surety bond to the satisfaction of the trial court, subject to conditions that he shall not induce or threaten any witness, shall notify any change of address to the trial court, and shall not leave the country without prior permission of the trial court - The petition for bail is allowed
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