N.L. Tibrewal, J. - (1.) There are cross cases. The incident is said to have taken place when the members of the complainant party were taking a bullock-cart from the disputed way which passes to the field of accused persons. The members of the complainant party were allowed only to go on foot by the Civil Court. Taking into consideration all the faces and circumstances, I am inclined to grant bail to the accused petitioners under Section 438 Cr.P.C.
(2.) Consequently I allow this application.
(3.) The SHO/Arresting Officer, Investigating Officer, Police Station Chirawa Dist. Jhunjhunu, in F.I.R. No. 104/90, is therefore, directed that in the event of arrest of petitioners, Rameshwar and Mahipal, they he 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.;