Case Brief
Case Title : Vishnu Gupta vs State of U.P.
Case No. : 8822/2023 (BAIL)
Decided On / Result : 13.07.2023
Quorum : Hon’ble Subhash Vidyarthi,J.
Brief Facts of the Case –
In this Matter, FIR No. 297 lodged on 07/11/2021 at Police Station Mawai, District Ayodhya against 8 persons in which the company took the amounts of money from the victim by Forgery. The victim submitted the amount of 10,50,000 Rs. in the company but the company has not given any single amount of money to the victim in return. Whenever the victim asks money from the company, higher officers 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 –
-
This matter was being investigated by the Enforcement Directorate (E.D.) & Economic offences Wing (E.O.W.)
-
Media & People were claiming that in this matter a Scam of about 1000 Cr. has been done by the said Company.
-
Applicant was having the Criminal History of 54 Cases.
-
Applicant was the real brother of Director Ajeet Kumar Gupta who was the director of “Anee Bullion Group of Companies”
-
Gangster Act was also imposed on the applicant.
Applicant was Challenged Under Sections –
-
419 IPC – Cheating by personation / Punishable upto 3 years of Imprisonment, fine or both / Bailable
-
420 IPC – Cheating / Punishable upto 7 years of Imprisonment / Non – Bailable
-
506 IPC – Criminal Intimidation / Imprisonment for 2 years, fine, or both / Non Bailable
-
406 IPC – Criminal Breach of Trust/ Punishable upto 3 years of Imprisonment, a fine or Both / Non Bailable
-
467 IPC – Forgery / Punishable upto 10 years or life Imprisonment / Non – Bailable
-
468 IPC – Forgery for the purpose of Cheating / Punishable upto 7 years and fine / Non Bailable
-
471 IPC – Using as genuine a forged document or electronic record / Punishable upto 7 years of Imprisonment / Bailable
-
34 IPC – Act done by several persons in furtherance of a common intention / 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 and there is no specific allegation in the F.I.R against the applicant and that the applicant has already been granted bail in 18 other cases of similar nature. Therefore, the Hon’ble Court granted bail to the applicant.