Firoz @ Firoz Khan Vs State of U.P. (Allahabad High Court)
Summary: The Allahabad High Court allowed the bail application of Firoz @ Firoz Khan in Case Crime No. 322 of 2026, registered at Police Station Chakeri, Kanpur Nagar, under Sections 115(2), 352, 351(3), 318(4) and 308(5) of the Bharatiya Nyaya Sanhita. According to the allegations recounted in the applicant’s submissions, the informant, who worked in catering, was induced by co-accused Manish to provide documents on the promise of receiving ₹5,000 monthly under a government scheme. Rawat Traders was subsequently registered and operated, allegedly siphoning off crores of rupees through claims of input tax credit. The applicant’s counsel submitted that he was a lawyer dealing with GST matters, that the charge sheet had been submitted, and that he had been in custody since 22 May 2026 while the trial remained at a nascent stage. Counsel also disclosed four criminal cases, stating that the applicant was on bail in two and in jail in two. The State opposed bail.
After considering the submissions and record, the Court took into account that the applicant was a GST lawyer introduced to the informant by the co-accused and had processed papers for opening a company as instructed. Without touching the merits, it granted bail on a personal bond and two sureties each in the like amount to the satisfaction of the concerned court, referring to the Supreme Court’s decisions in Girish Gandhi and Policy Strategy for Grant of Bail, In re. The applicant was directed to cooperate in the judicial process for fair and speedy disposal.
Cases Discussed
- Girish Gandhi Vs. State of Uttar Pradesh — (2024) 10 SCC 674 (Supreme Court).
- Policy Strategy for Grant of Bail, In re — (2024) 10 SCC 685 (Supreme Court).
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
1. Heard Sri Sandeep Kumar Pandey, learned advocate, holding the brief, appears for accused applicant and learned A.G.A. for the State.
2. 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.
3. 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 lawyer, who deals with GST matters. It is thereafter that the company in the name of Rawat Traders has been registered and operated upon wherein crores of rupees has been siphoned off through claiming of input tax credit. The accused applicant is only a lawyer. The charge sheet has been submitted. The applicant has four cases criminal history, wherein, in two cases, he is on bail and in two cases, he is in jail. The applicant is languishing in jail since 22.5.2026. The trial is still at the nascent stage. He seeks enlargement of accused on bail.
4. Learned A.G.A. has opposed the bail application.
5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.
6. Considering that the accused applicant is a lawyer dealing with GST cases wherein he has been introduced by the co-accused with the informant and therefore, he has processed his papers for opening of a company as instructed, the accused applicant is entitled to be enlarged on bail.
7. Hence, without touching merit of the case, the bail application is allowed.
8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal.
