1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.II BAIL APPLICATION NO.10123/2010 Naveen Bohara Vs. State Date of order : 11/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anil Upman for the petitioner. Shri N.R. Saran, P.P. for the State. Shri Jitendra Kumar Sharma for the complainant. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. This second application for grant of bail has been preferred by the accused- petitioner on the premise that the matter has been compromised between the parties and one of the co-accused Abdul Sayeed Khan has been enlarged on bail on the basis of compromise. Learned counsel for the petitioner has argued that now petitioner has compromised the dispute with the present accused petitioner as well and has filed the affidavit. He submits that an affidavit in this behalf has been filed before the trial court, copy of which is on record, however, learned trial court did not accept the affidavit because the first bail application of the petitioner was rejected by this Court with the observation that his second bail application would be considered only after the statement of four prosecution witnesses are recorded. It is also contended that all the alleged offences against the petitioner u/s.419, 420 and 120B of IPC are compoundable. 2 Shri Jitendra Kumar Sharma, learned counsel for the complainant does not dispute the fact that the compromise has been arrived at between the parties. He has also identified the complainant, who is present in the Court. Learned Public Prosecutor also could not dispute the genuineness of the compromise. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Naveen Bohara S/o Om Prakash Bohara shall be released on bail in F.I.R. No.19/2010, P.S. Shipra Path, Jaipur City, Jaipur to his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/