Allowed

Majid @ Machi v. State of Rajasthan

Rajasthan HC7 Jan 2025CRLMB/11415/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner under Section 439 Cr.P.C. in an FIR registered for offences under Sections 326, 307/34 IPC and Arms Act, considering that the parties had entered into a compromise and the petitioner's release would foster harmony.

What did the court decide?

Enlarged on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Majid @ Machi Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JD:928]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 11415/2024 Majid @ Machi Sister/of Shri Noor Mohammad, Aged About 30 Years, R/o 300, Silawat Wadi, P.S. Ghantagar, Dist. Udaipur, Raj. (At Present Lodged In Dist. Jail, Udaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr. Ramdev Rajpurohit
For Respondent(s)	: Mr. N.S. Chandawat,Dy.G.A.
For Complainant	: Mr. VijayKumar

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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07/01/2025

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	218/2023
2.	Concerned Police Station	Hathipol
3.	District	Udaipur
4.	Offences alleged in the FIR	Under Sections 326, 307/34 of the IPC and Section 4/25 of the Arms Act
5.	Offences added, if any	--
6.	Date of passing of impugned order	28.08.2024

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It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against her and her incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and she has been made an accused based

[2025:RJ-JD:928]

[CRLMB-11415/2024]

(2 of 3)

on conjectures and surmises. It is further contended that the parties have entered into compromise, therefore, benefit of bail may be granted to the petitioner.

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Contrary to the submissions of learned counsel for the petitioner, learned Deputy Government Advocate oppose the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The complainant does not dispute the factum of compromise rather implores the Court to release the petitioner on bail.

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Though this Court was not inclined to grant bail to the petitioner, looking to his conduct and the manner of the incident but again considering that the parties are residents of the same vicinity and they have entered into a compromise. Denying the bail may further create acrimony between them and would be hindered the re-establishment of their relationship and harmony. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for her appearance before the court

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[2025:RJ-JD:928]

[CRLMB-11415/2024]

concerned on all the dates of hearing as and when called

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upon to do so.

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The compromise deed be taken on record.

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(FARJAND ALI),J

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77-Ashutosh/-

Majid @ Machi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Majid @ Machi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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