N.L. Tibrewal, J. - (1.) Heard learned counsel for the petitioners and learned Public Prosecutor.
(2.) The incident is alleged to have been taken place on land bearing Khasra No. 315. Mangal S/O Bhola Jatav is the recorded khatedar of the said land as per the revenue record. The learned counsel for the petitioners submits that Mangal had sold the said land to the co-accused Girraj by a registered sale-deed dated 23.7.90. A photo-state copy of the registered sale-deed has also been shown to me. He further submits that two persons from the side of the accused namely, Girraj Prasad S/O Makhan and Parasram S/O Girraj have also sustained injuries by sharp edged weapon as well as by blunt object. Thus according to the learned counsel for the petitioners, from the facts and circumstances, a case of private defence of person and property is made. Without commenting on the merits but taking into consideration all the facts and circumstances, especially the fact that Mangal S/O Bhola had sold the said land to the co-accused Girraj, who also sustained injuries in the incident. I am inclined to grant pre-arrest bail to both the accused petitioners under Section 438 Cr.P.C. Consequently, I allow this application.
(3.) The SHO/Arresting Officer, Investigating Officer, Police Station Seware, Dist. Bharatpur, in F.I.R. No. 406/90. is therefore, directed that in the event of arrest of petitioners Mahaveer S/O Srichand and Nathi S/O Ram Charan, they be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 5,000/- (Five thousand) with one surety in the like amount to his satisfaction on the following conditions:- (a) that the petitioners shall make themselves available for interrogation by a police officer as and when required; (b) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or to any other police officer; and (c) that the petitioners shall not leave India without the previous permission of the Court.;