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 who deals with GST cases. He was introduced to the informant by a co-accused and subsequently 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 Court directed the accused applicant to be released on bail upon furnishing a personal bond and two sureties to the satisfaction of the court concerned, referencing Supreme Court dictums in Girish Gandhi Vs. State of Uttar Pradesh and Policy Strategy for grant of bail in re. The applicant was also directed to cooperate in the judicial process for fair and speedy disposal.
Facts
The applicant, Firoz @ Firoz Khan, is seeking enlargement on bail in Case Crime No. 321 of 2026, under Sections 115(2), 318(4), 308(5) of BNS, P.S.- Chakeri, District- Kanpur Nagar. The FIR was lodged on 18.5.2026 by Ravi Kumar Paswan, who alleged he was introduced to the applicant by a co-accused for a government scheme promising Rs. 5,000 per month. The applicant, described as a lawyer dealing with GST matters, allegedly processed papers for the informant to open a company named Ravi Enterprises. It is alleged that crores of rupees were siphoned off through claiming input tax credit via this company. The applicant has been in jail since 22.5.2026, and the charge sheet has been submitted. He has four criminal cases against him, with bail granted in two and custody in the other two.
Key Issues
1. Whether the accused applicant, a lawyer dealing with GST matters, is entitled to be enlarged on bail given his role in processing papers for a company allegedly used for siphoning funds through input tax credit claims, despite the serious allegations of financial fraud. The petitioner's counsel argued that the applicant is merely a lawyer who processed papers as instructed and is therefore entitled to bail. The applicant has been in jail since 22.5.2026, the charge sheet has been filed, and the trial is at a nascent stage. The counsel also noted the applicant's criminal history, with bail granted in two cases and custody in two others. The State's counsel opposed the bail application.
Sections Cited
Section 115(2), Section 318(4), Section 308(5)
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26303 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. 321 of 2026, under Sections 115(2), 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 Ravi Kumar Paswan 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 lawyer, w
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