We represented Mr. Vishnu Gupta in a Bail Matter who was alleged to be Director of “Anee Bullion Group of Companies”|8476|

Case Brief

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

Case No. : 8476/2023 (BAIL)

Decided On / Result : 07.07.2023 

Quorum : Hon’ble Subhash Vidyarthi,J.

Brief Facts of the Case – 

                In this Matter, FIR No. 889 lodged on 12/11/2021 at Police Station Gomti Nagar, District Lucknow against 6 persons including applicant in which the company took the amount of 15,00,000 Rs. in front of the officers of the company from the victim by giving the allurement of lucrative return. The victim went to the office to collect money after the maturity period; The victim came to know that he had been frauded.

After some time, the Cheque no. 423412 dated on 21.06.2020 was dishonored which was given to the victim in which the amount of Rs. 21,00,000 was mentioned.

The opposite party came with 2 unknown persons by car no. UP32JV4242 threatened the victim to keep quiet.

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. 409 IPC –  Criminal Breach of Trust by Public Servant / Punishable upto 10 years of Imprisonment / Non – Bailable

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

3. 504 IPC  – Insulting someone with the intention of causing a disturbance in peace / Punishable upto 2 years of Imprisonment, a fine or Both /  Bailable

4. 506 IPC  – Criminal Intimidation / Imprisonment for 2 years, fine, or both / 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 such as 

• The applicant is not the director of the company, the Company issued the repayment cheque which was dishonored.

• The applicant is brother of a Director of the Company and another brother Ram Gopal Gupta has already been granted bail.

Therefore, the Hon’ble Court granted bail to the applicant in the aforesaid Case Crime No. 889 of 2021, under sections 409, 420, 504, 506, I.P.C.