- (1.) The present second application for bail has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.115/2017, P.S. Bilara, District Jodhpur, for the offences under Sections 420, 406 I.P.C. and 66 of IT Act.
(2.) Heard learned counsel for the petitioner and learned Public Prosecutor assisted by Investigating Officer. Perused the material available on record.
(3.) Learned counsel Shri Choudhary urges that the petitioner has returned the total amount which he withdrew from the cloned card of the complainant and the parties have arrived at a settlement. He submits that in another case of similar nature registered at the P.S. Sadar Bazar, acting on the compromise, the trial court has even proceeded to discharge the petitioner from the offences of cheating and I.T.Act. Learned counsel has also placed on record a compromise document executed between the petitioner herein and the complainant Babulal. He thus urges that the petitioner, who is in custody from 19.4.2017 for Magistrate triable offences, deserves to be released on bail.;