Naheed Ara Moonis, J. - (1.) HEARD K.N. Tripathi, Senior Advocate, Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Sushil Shukla learned Counsel for the applicant, Sri Ravi Kiran Jain Senior Advocate assisted by Sri Swetash Agarwal learned Counsel for the complainant and learned AGA and have taken through the record.
(2.) THE first bail application filed on behalf of the applicant was rejected by this Bench vide order dated 26.11.2010. Now the second bail application has been filed on behalf of the applicant Ashok Yadav in Case Crime No. 149 of 2008 under Sections 420/406/506 IPC Police Station sector 39 NOIDA District Gautam Budha Nagar. In a short conspectus the genesis of the prosecution case is that a first information report was lodged by Raj Kishore Verma on 13.3.2008 with regard to cheating and fraud played by the applicant whereby the complainant was duped to the tune of Rs. 5.00 crores. The details of the case can be gathered from the earlier order and need not be repeated.
(3.) LEARNED Counsel for the applicant had advanced arguments touching the merits of the case which had been raised earlier. The ground now taken for granting the bail is the provisions contained in Sub -section (6) of Section 437 Code of Criminal Procedure which runs as follows: 437(6) If in any case, triable by a Magistrate, the trial of a person accused of any non -bailable offence is not concluded within a period of sixty days from the date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.;