IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 28th day of December, 2011 Criminal Misc. IInd Bail Application No. 114 of 2011 Order on the bail application of accused CRIMINAL SIDE Amit Kumar Gupta S/o Kailash Chandra Gupta R/o Gali No. 7, Rampur Road, Haldwani Police Station Haldwani District Nainital … Applicant Vs C.B.I. through Superintendent Of Police SPE, Dehradun … Opp. Party Arising out of case crime No. 6 of 2010 Under Sections 120B read with 419, 420, 467, 468, 471 of I.P.C. and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, P.S. CBI/SPE/Dehradun Hon’ble Tarun Agarwala, J. Heard Mr. M.K. Agarwal, the learned counsel for the applicant and Mr. Arvind Vashisth, the learned counsel for the respondent/C.B.I. This is the second bail application. The first bail application was rejected by an order dated 20th June, 2011 of this Court. The only contention raised by the learned counsel for the applicant is that the trial has not concluded within sixty days from the date of first evidence, as provided under Sub Clause (6) of Section 437 of the Cr.P.C. In the opinion of the Court, if the trial has not been concluded as stipulated under the said provision, it would be open to the applicant to move a bail application before the trial court itself. In case such an application is filed, the trial court will decide the matter expeditiously. The second bail application is dismissed with the aforesaid observation. (Tarun Agarwala, J.) 28.12.2011 Aswal