Firoz @ Firoz Khan vs. State Of U.P.
Held
The Court allowed the bail application without touching the merits of the case. The reasoning was that the accused applicant is a lawyer dealing with GST cases and was introduced to the informant by a co-accused. He processed the informant's papers for opening a company as instructed. Based on these facts, the Court found the applicant entitled to be enlarged on bail. The operative direction was to release the accused/applicant on bail upon furnishing a personal bond and two sureties to the satisfaction of the court concerned. The Court referenced Supreme Court dictums in Girish Gandhi Vs. State of Uttar Pradesh and Policy Strategy for grant of bail in re. The applicant was directed to cooperate in the judicial process for fair and speedy disposal.
Facts
The applicant, Firoz @ Firoz Khan, a lawyer specializing in GST matters, is seeking bail. The FIR was lodged on May 18, 2026, by Ankur Rawat, alleging that the applicant, introduced by a co-accused, processed documents for the informant to open a company named Rawat Traders. The informant was allegedly allured with the prospect of receiving Rs. 5,000 per month under a government scheme. It is alleged that crores of rupees were siphoned off through fraudulent claims of input tax credit via this company. The applicant has been in jail since May 22, 2026, and the charge sheet has been submitted. He has a criminal history of four cases, with bail granted in two and detention in the other two.
Key Issues
1. Whether the accused applicant, a lawyer involved in processing documents for a company allegedly used for siphoning funds through GST input tax credit claims, is entitled to bail during the pendency of the trial, considering his role and criminal history? (Mixed question of law and fact, concerning principles of bail under relevant criminal law provisions). Contentions of the Petitioner (Accused Applicant): - The applicant is a lawyer who only processed papers for opening the company as instructed. - He is entitled to be enlarged on bail. - The trial is at a nascent stage. - He has criminal history, but in two cases, he is on bail. - He has been languishing in jail since May 22, 2026. Contentions of the Revenue (State): - The learned A.G.A. opposed the bail application.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26299 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
Heard Sri Sandeep Kumar Pandey, learned advocate, holding the brief, appears for accused applicant and learned A.G.A. for the State.
The present bail application has been moved by the applicant accused- Firoz @ Firoz Khan to enlarge him on bail in Case Crime No. 322 of 2026, under Sections 115(2), 352, 351(3), 318(4), 308(5), of BNS, P.S.- Chakeri, District- Kanpur Nagar during the pendency of trial.
It is the contention of learned counsel for accused applicant that the FIR has been lodged on 18.5.2026 by one Ankur Rawat against six accused persons including the accused applicant with the allegation that the informant was in the work of catering. The informant was being introduced with the accused applicant through the co-accused Manish. It is alleged in the FIR that the informant has been allured by the co-accused Manish of getting benefit of Government Scheme in which Rs.5,000 per month will come to his account. He has provided all the documents to the accused applicant. It is further contended that the accused applicant is a l
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