We represented Mr. Vishnu Gupta in a Bail Matter who was alleged to be Director of “Anee Bullion Group of Companies” |9142|

Case Brief

Case Title : Vishnu Gupta vs State of U.P. 

Case No. : 9142/2023 (BAIL)

Decided On / Result : 20.07.2023 

Quorum : Hon’ble Subhash Vidyarthi,J.

Brief Facts of the Case – 

                In this Matter, FIR No. 290 lodged on 23/10/2020 at Police Station Kumarganj, District Ayodhya against 10 persons in which the company took the amounts of money from the victim by Forgery with the allurement of lucrative return. So, the victim submitted the amounts in the company which is given below:

• Amit Srivastava – 10,50,000 Rs.

• Richa Srivastava – 50,000 Rs.

• Nidhi Srivastava – 6,60,000 Rs.

• Anshita Srivastava – 3,00,000 Rs.

• Akhilesh Srivastava – 4,00,000 Rs.

But the company has not given any single amount till now. Whenever the victim asks money from the company, they refuse to give the amount and threaten that they will kill the victim.

Fews facts that went against our client – 

                Some facts were very unfavourable to our client Like –

1. This matter was being investigated by the Enforcement Directorate (E.D.) & Economic offences Wing (E.O.W.)

2. Media & People were claiming that in this matter a Scam of about 1000 Cr. has been done by the said Company.

3. Applicant was having the Criminal History of 54 Cases.

4. Applicant was the real brother of Director Ajeet Kumar Gupta who was the director of “Anee Bullion Group of Companies”

5. Gangster Act was also imposed on the applicant.

              

Applicant was Challenged Under Sections – 

1. 419 IPC – Cheating by personation / Punishable upto 3 years of Imprisonment, fine or both / Bailable

2. 420 IPC  – Cheating / Punishable upto 7 years of Imprisonment / Non – Bailable 

3. 506 IPC  – Criminal Intimidation / Imprisonment for 2 years, fine, or both / Non Bailable 

4. 504 IPC  – Intentional insult with intent to provoke breach of trust / Punishable upto 2 years of Imprisonment, a fine or Both /  Bailable

5. 467 IPC  – Forgery / Punishable upto 10 years or life Imprisonment / Non – Bailable

6. 468 IPC  – Forgery for the purpose of Cheating / Punishable upto 7 years and fine /  Non Bailable

7. 471 IPC  – Using as genuine a forged document or electronic record / Punishable upto 7 years of Imprisonment /  Bailable

8. 352 IPC – Offence of assault or criminal force without grave provocation / Punishable upto 3 Months of Imprisonment, a fine of five hundred Rupees or Both /  Bailable

Our Submissions and Court’s finding in favour of our client / Conclusion  – 

We gave our best while arguing for our client. Later on Hon’ble court considered the aforesaid facts but the applicant is not a Director of the company in which the informant had made Investments; that the applicant is brother of a Director of the Company and five other co-accused persons have already been granted bail. Therefore, the Hon’ble Court granted bail to the applicant.