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:

• 3,50,000 Rs from Ashok Kumar Tiwari 

• 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 –

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

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.