This is a second bail application moved on behalf of the applicant - Karamjeet Singh Kapoor with the contention that the first bail application of the applicant was rejected by this Court vide order dated 02.08.2021. The applicant has been charged for the offence having Case Crime No. 496 of 2018 under Sections 408, 420, 467, 468 & 471 I.P.C. Police Station Hariparwat, District Agra. The applicant is an Accountant in the firm of the complainant, who looks after the work of the firm and the work of the Bank. The allegation against him is about withdrawal of Rs. 29,00,000/- making forged signatures of the partners of the firm between August, 2017 to March, 2018. The allegation is false as the partners of the firm had strain relations and the complainant himself withdrew the amount from the bank. The applicant is in jail since 31.10.2020. The charge sheet against him has been submitted on 11.11.2020. The cognizance was taken by the Court concerned on 16.01.2021 and the charge was framed against him. The case was fixed for evidence on 29.01.2021. The prosecution has failed to produce any evidence till date while as per mandatory provisions of Section 437 (6) Cr.P.C. in a case triable by the Magistrate in case of any non bailable offence if the evidence is not concluded within a period of 60 days from the first date fixed for taking evidence, such person, if in the custody during the whole said period, shall be released on bail to the satisfaction of the Magistrate unless for reasons to be recorded in writing the Magistrate otherwise directs. The order sheet of the file of the lower court has been filed and on the basis of the same, it is argued that in the light of the provisions of Section 437 (6) Cr.P.C. the second bail application of the applicant deserves to be allowed.
