(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.
(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: