Case Brief
Case Title : Vishnu Gupta vs State of U.P.
Case No. : 8500/2023 (BAIL)
Decided On / Result : 07.07.2023
Quorum : Hon’ble Subhash Vidyarthi,J.
Brief Facts of the Case –
In this Matter, FIR No. 732 lodged on 18/09/2020 at Police Station Gomti Nagar, District Lucknow in which the company took the amounts of money from the victim by giving 20% to 40% allurement of lucrative return which is given below:
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3,50,000 Rs from Ashok Kumar Tiwari
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6,00,000 Rs from the members of the family and others
& After November 2019, the company stopped giving the amounts whose bond papers are with the victim.
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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409 IPC – Criminal Breach of Trust by Public Servant / Punishable upto 10 years of Imprisonment / Non – Bailable
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420 IPC – Cheating / Punishable upto 7 years of Imprisonment / 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 facts that 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 another brother and co-accused Dharnidhar Upadhyaya and Shiv Kumar Goswami have already been granted bail. Therefore, the Hon’ble Court granted bail to the applicant.