We represented Mr. Vishnu Gupta in a Bail Matter who was alleged to be Director of “Anee Bullion Group of Companies”|9215|

Case Brief

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

Case No. : 9215/2023 (BAIL)

Decided On / Result : 21.07.2023 

Quorum : Hon’ble Subhash Vidyarthi,J.

Brief Facts of the Case – 

                In this Matter, FIR No. 563 lodged on 22/08/2020 at Police Station Kotwali Nagar, District Ayodhya against 20 persons in which the company took the amounts of money by 40% allurement of lucrative return to gain the trust of the victim by forgery. So the victim submitted the amount of Rs. 53,50,000 in the company. Instead of this, the victim’s relative also submitted the amounts which are given below:

Nipendra Bahadur Singh – 5,00,000 Rs.

Indravati Singh – 4,00,000 Rs. 

Sailesh Singh – 9,00,000 Rs.

Tanu Singh – 3,00,000 Rs.

Raveendra Pratap Singh – 3,00,000 Rs. 

Family members – 6,20,000 Rs. 

The company gave the forge FD certificate to the investors. Whenever the victim asks for the money, they threaten to kill them.

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

5. 468 IPC  – Forgery for the purpose of Cheating / Punishable upto 7 years and fine /  Non Bailable

6. 471 IPC  – Using as genuine a forged document or electronic record / Punishable upto 7 years of Imprisonment /  Bailable

7. 406 IPC  – Pertaining to criminal breach / Punishable upto 3 years of Imprisonment, fine or both / Non – Bailable

8. 120b IPC – Deals with the punishment for criminal conspiracy / 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 the applicant was granted bail in 32 other similar cases. Therefore, the Hon’ble Court granted bail to the applicant.