Firoz @ Firoz Khan vs. State Of U.P.
Held
The Court allowed the bail application without touching the merits of the case. The reasoning provided was that considering the accused applicant is a lawyer dealing with GST cases, who was introduced by a co-accused to the informant and subsequently processed his papers for opening a company as instructed, the accused applicant is entitled to be enlarged on bail. The operative directions were that the accused/applicant be released on bail on furnishing a personal bond and two sureties each to the satisfaction of the court concerned. The applicant was also directed to cooperate in the judicial process for fair and speedy disposal. No issues were expressly left undecided.
Facts
The applicant, Firoz @ Firoz Khan, is seeking enlargement on bail in Case Crime No. 317 of 2026, under various sections of the BNS, at P.S.- Chakeri, District- Kanpur Nagar. The FIR was lodged on 16.5.2026 by Rishabh, who alleged being allured by a co-accused to benefit from a government scheme, leading to the provision of his documents. The applicant, a lawyer dealing with GST matters, allegedly processed papers for the registration and operation of a company named AMS Traders, through which crores of rupees were siphoned off by claiming input tax credit. The applicant contends he is merely a lawyer involved in the process. A charge sheet has been submitted. The applicant has been in jail since 22.5.2026, and the trial is at a nascent stage. 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 allegedly involved in processing documents for a company through which input tax credit was claimed fraudulently, is entitled to bail at this stage of the proceedings, considering his role and criminal history? Contentions: Petitioner (Accused Applicant): The applicant is a lawyer who deals with GST matters and merely processed the papers for the company as instructed. He is entitled to be enlarged on bail as the trial is at a nascent stage and he has been languishing in jail since 22.5.2026. Reliance was placed on the Supreme Court's dictums in Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. Revenue (State): The learned A.G.A. opposed the bail application.
Sections Cited
None
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25941 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. 317 of 2026, under Sections 318(4), 338, 336(3), 340(2), 308(5), 115(2), 351(3) 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 16.5.2026 by one Rishabh against five 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 appl
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.