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Bombay High Court

NEHA VIPIN TIWARIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The anticipatory bail application is allowed, confirming interim protection subject to conditions.

Summary

Neha Vipin Tiwari, a director of Yash Express and Logistics Pvt Ltd, applied for anticipatory bail in a case alleging fraudulent GST invoicing under Sections 318(4), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She contended that the alleged wrongdoing was carried out by her husband, the managing director, and that she had no knowledge of the GST registration cancellation or the issuance of invoices. The State argued that the offences were serious and sought rejection of the bail application, though it did not dispute her cooperation with the police. The Court noted her lack of criminal antecedents, her cooperation, and that the investigation hinged on documentary evidence, rendering custodial interrogation unnecessary. Consequently, the Court confirmed the interim protection and granted anticipatory bail subject to a cash bond and surety, directing her to appear before police as required.

Issues considered

  • Whether anticipatory bail should be granted to the director in a GST fraud case under the Bharatiya Nyaya Sanhita.
  • Whether the applicant’s alleged lack of involvement and cooperation negates the need for custodial interrogation.
  • Whether the nature of the offence (documentary) justifies bail without further restrictions.

Legislation cited

Subjects

  • anticipatory bail
  • GST fraud
  • director liability
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail conditions

Judgment

                                                       16-ABA-1956-2026.ODT




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
          ANTICIPATORY BAIL APPLICATION NO. 1956 OF 2026
Neha Vipin Tiwari                                         …Applicant
      Versus
The State of Maharashtra                                  …Respondent

Adv. Ashok Kumar Dubey i/b M/s. SAVJ Law Solution,
for the Applicant.
Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State.
PI Aparna Vhatkar, Marine Drive Police Station, Mumbai,
is present.

                         CORAM :           PRAFULLA S. KHUBALKAR, J.
                         DATE         :     5TH OCTOBER 2026
P. C.:-
1.        Heard learned counsel for applicant as well as learned APP

for the respondent - State.

2.        The applicant has filed the instant application seeking pre-

arrest bail in Crime No.169 of 2026 dated 15.05.2026, registered

with Marine Drive Police Station, Brihanmumbai for the offence

punishable under Sections 318(4), 316(5) and 3(5) of Bharatiya

Nyaya Sanhita, 2023 (for short, “BNS”).

3.        The applicant is a lady who claims herself to be a Director of

Yash Express and Logistics Private Limited, against whom the

allegations are made in the FIR that there is a deliberate

concealment of cancellation / surrender of GST registration and


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repeated issuance of the invoices against the cancelled GST

number.

4.    Learned counsel for applicant submits that the applicant is

only a Director of the Company and is not the person in charge

and responsible for day-to-day conduct of the business of the

Company. He submits that the entire transactions were being

looked after and conducted by the applicant’s husband, who was

working as a Managing Director of the Company, and this

applicant had no role to play in the entire transactions about

submissions of the invoices. He submits that the applicant was not

aware of either the cancellation of the GST number or the

submission of invoices under that cancelled number. He further

submits that, as directed by this court in the interim order dated

24.07.2026, the applicant attended the police station and

cooperated by supplying all the demanded documents, therefore

prays for confirmation of interim protection.

5.    Learned APP for the respondent-State submits that the

offences registered against this applicant are serious in nature

showing deceitful conduct against GST department and hence

prays for rejection of the Anticipatory Bail Application. He




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however, does not dispute the contention that the applicant has

attended the police station and has extended cooperation.

6.    Perused the FIR and documents placed on record. It has to

be noted that the offence is with respect to documents submitted

to GST department and although the applicant was Director, the

transactions were made by her husband, who was a Managing

Director. Furthermore, pertinently, the applicant has no criminal

antecedents and has fully cooperated with the investigation by

attending the police station and supplying all demanded

documents. Considering the nature of offence, the investigation is

related     to   documentary         evidence,    and    hence    custodial

interrogation of the applicant is not warranted. Hence, the interim

order needs to be confirmed.

7.    In view of the above, the interim protection granted by the

order dated 24th July 2026 is confirmed, subject to certain

conditions.

8.    Hence, I pass following order :-


                                      ORDER

          (i)    The Anticipatory Bail Application is allowed.




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             (ii)   In the event of arrest of the applicant in Crime
                    No.169 of 2026 registered with Marine Drive
                    Police Station, Brihanmumbai for the offence
                    punishable under Sections 318(4), 316(5) and
                    3(5) of Bharatiya Nyaya Sanhita, 2023, she be
                    released on bail on furnishing P. R. Bond of
                    Rs. 25,000/- (Rupees Twenty Five Thousand
                    only) with one solvent surety of the like
                    amount.

             (iii) The applicant is directed to attend the police
                    station as and when called upon and produce
                    all documents relating to the concerned GST
                    number, if demanded by the investigating
                    agency.

9.          Anticipatory Bail Application is allowed and disposed of in

above terms.




                                             (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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