Case Brief
Case Title : Vishnu Gupta vs State of U.P.
Case No. : 8860/2023 (BAIL)
Decided On / Result : 14.07.2023
Quorum : Hon’ble Subhash Vidyarthi,J.
Brief Facts of the Case –
In this Matter, FIR No. 537 lodged on 13/08/2020 at Police Station Kotwali Nagar, District Ayodhya against 14 persons in which the company took the amounts of money from the victim with the allurement of 40% return every month. So, the victim submitted the amount of 31,85,000 Rs. with others. The company has not given any amount and threatened that they will kill the victim. The lump-sum amount of Rs. 5,50,00,00,00,000 from the victim, family and others.
Fews facts that went against our client –
Some facts were very unfavourable to our client Like –
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This matter was being investigated by the Enforcement Directorate (E.D.) & Economic offences Wing (E.O.W.)
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Media & People were claiming that in this matter a Scam of about 1000 Cr. has been done by the said Company.
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Applicant was having the Criminal History of 54 Cases.
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Applicant was the real brother of Director Ajeet Kumar Gupta who was the director of “Anee Bullion Group of Companies”
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Gangster Act was also imposed on the applicant.
Applicant was Challenged Under Sections –
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420 IPC – Cheating / Punishable upto 7 years of Imprisonment / Non – Bailable
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506 IPC – Criminal Intimidation / Imprisonment for 2 years, fine, or both / Non Bailable
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406 IPC – Criminal Breach of Trust/ Punishable upto 3 years of Imprisonment, a fine or Both / Non Bailable
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467 IPC – Forgery / Punishable upto 10 years or life Imprisonment / Non – Bailable
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468 IPC – Forgery for the purpose of Cheating / Punishable upto 7 years and fine / Non Bailable
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471 IPC – Using as genuine a forged document or electronic record / Punishable upto 7 years of Imprisonment / Bailable
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120(B) IPC – Criminal Conspiracy / Life imprisonment, or rigorous imprisonment of two years or more / Non 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 innocent and he has been falsely implicated in the present case for the reason that he is elder brother of the co-accused, who is Director of the aforesaid company and the applicant has already been granted bail in 18 other cases of similar nature. Therefore, the Hon’ble Court granted bail to the applicant.