Vishnu Gupta Alias Vishnu Kumar Gupta v. State of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12260 of 2023 Applicant :- Vishnu Gupta Alias Vishnu Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow Counsel for Applicant :- Mohit Sharma,Mukul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Mohit Sharma, the learned counsel for the applicant, Sri Anurag Verma, the learned AGA-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in an FIR bearing Case Crime No. 860 of 2020, under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya.

¶3The aforesaid case has been registered on the basis of a first information report (F.I.R.) lodged on24.12.2020 against 13 named persons, including the applicant and one unknown person, alleging that the informant, his family members and acquaintances had invested about Rs. 31 crore in Eye Vision India Credit Cooperative Society Limited and other companies under an allurement of lucrative return. After maturity of the aforesaid investment, when the informant tried to take her money back, the Company refused to do so.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has falsely been implicated in the present case. It has also been stated in the affidavit that the applicant does not hold any position in the aforesaid Company and he has been implicated in the present case merely because his brother Ajit Gupta is Director in the said Company.

¶5The applicant's criminal history of 50 cases of similar nature, all arising out of transactions of the aforesaid Company has been disclosed in para-29 of the affidavit filed on behalf of the applicant stating that the applicant has been granted bail in 46 of those cases. It has also been stated that the co-accused Anjani Kumar Kaushal, Ashish Tiwari, Ram Gupal Gupta and Om Shankar Kaushal have already been enlarged on bail by means of orders dated 27.07.2023, 11.05.2023, 28.07.2022 &

03.03.2023 passed by this Court in Criminal Misc. Bail Application Nos. 9437 of 2023, 5118 of 2022, 5017 of 2022 and 3458 of 2023 respectively.

¶6Having considered the aforesaid facts and circumstances of the case and keeping and view the fact that the applicant is not a Director of the company in which the informant had made investments; that the applicant is merely brother of a Director of the Company Ram Gopal Gupta who has already been granted bail, I am of the view that the applicant is also entitled to be released on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Vishnu Gupta Alias Vishnu Kumar Gupta be released on bail in the aforesaid Case Crime No. 860 of 2020, under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 16.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench