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Bombay High Court

SHIVAM SHUKLA ALIAS ANSHU SHUKLAversusDIRECTORATE GENERAL OF GST INTELLIGENCE AND ANR

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application upon service of a Section 69 notice.

Summary

Shivam Shukla (alias Anshu Shukla) filed an anticipatory bail application before the Bombay High Court against the Directorate General of GST Intelligence. Citing the Supreme Court’s decision in Union of India v. Sunil Biyani (SLP (Cri) No.12535 of 2026), he sought permission to withdraw the application and to be allowed to file a fresh one if a notice under Section 69 of the Central Goods and Services Tax Act, 2017 is served. The Court examined whether a litigant may withdraw an anticipatory bail petition and retain the right to re‑apply under the specified condition. It held that the applicant could indeed withdraw the present application with the liberty to file a fresh one upon receipt of a Section 69 order. Accordingly, the application was disposed of as withdrawn with liberty as prayed for.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the applicant.
  • Whether the applicant may be granted liberty to file a fresh anticipatory bail application if a notice under Section 69 of the CGST Act is served.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of application
  • Section 69 CGST Act
  • GST intelligence
  • Supreme Court precedent

Judgment

                     KVM
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                                                                          901 - ABA 1851 OF 2026.doc



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        Digitally
        signed by
        KANCHAN
KANCHAN VINOD
VINOD   MAYEKAR                       CRIMINAL APPELLATE JURISDICTION
MAYEKAR Date:
        2026.08.21
        17:40:17
        +0530
                               ANTICIPATORY BAIL APPLICATION NO. 1851 OF 2026

                     SHIVAM SHUKLA ALIAS ANSHU SHUKLA                   ….. APPLICANT
                          VS
                     DIRECTORATE GENERAL OF GST
                     INTELLIGENCE & ANR.                                ….. RESPONDENTS

                     Adv. Dashang Doshi i/b. Dewani Associates for the Applicant.
                     Adv. Shyamrishi Pathak a/w. Adv. Sangeeta Yadav, Adv. Umesh Gupta,
                     Adv. Jyoti R. Barai for the Respondent No.1.
                     Mr. Ashok A. Gawai, APP for the Respondent – State.

                                               CORAM : PRAFULLA S. KHUBALKAR, J.
                                               DATE : 21ST AUGUST, 2026

                     P.C. :-

                     1)            In view of the judgment of Hon’ble Supreme Court in the

                     matter of Union of India vs. Sunil Biyani in SLP (Cri) No. 12535 of

                     2026 dated 12th August, 2026, learned counsel for the applicant seeks

                     permission to withdraw the instant application with liberty to file

                     fresh application, in case an order under Section 69 of the Central

                     Goods and Services Tax Act, 2017 is served upon the applicant.

                     2)            Permission is granted.

                     3)            Application is disposed of as withdrawn with liberty as

                     prayed for.

                                                              [PRAFULLA S. KHUBALKAR, J.]


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