N. C. SHARMA, J. - (1.) THIS case arises out of an unfortunate incident which took place in village Asan Jilelav on August 21, 1988 wherein it is said that the houses of Devendranath, Nathu Rawal, Nanunath, Kalunath and his brothers Sukhnath, Salunath, Shamuaath and his brothers and Bhanwarnath with their domestic goods were burnt and further standing crops on the fields of 10 members of Nath community were also burnt.
(2.) THE origin of the dispute appears to be that one Harjinath, who is a police inspector, had purchased about two bighas land bearing khasra No. 215 from dewan of Sukha Rawat. Puna Rawal was aggrieved by this sale because he claimed to be the Mahant of the Asan. Attempt was made by Puna Rawal to regain this agricultural land whereupon Harji Nath lodged a report in the police with regard to causing damage to his crop. On August 21, 1988, thousands of people from village Kalaliya, Kaniya and other places assembled at village Asan Jilelav. There was a meeting held and it seems that resentment was shown against Harjinath and Nanunath. Thereafter several persons damaged the houses of various persons belonging to Nath community and burnt their domestic goods and also the crops standing on their fields. Earliest first information report of the incident was lodged by Parasnath son of Harjinath. In this first information report Parasnath had mentioned that this incident took place under the supervision of Puna Rawal and other prominent persons were Amar Singh, Sarpanch, Chen Singh, Kan Singh, Hem Singh, Lal Singh, Laxman Singh and Shankar. Amar Singh had jeep with him and was inciting on the mike to cause damage to the houses. Thereafter on Aug. 28, 1988 some more persons namely Phool Nath, Nanunath, Balu Rawal, Devendranath, Bhanwar Nath, Meethu Nath, Moti Rawat, Kalu Nath and Harjinath lodged their own reports of the incident. It appears that some names were mentioned in the first information reports superfluously. The first information report of Phool Nath would go to show that he had named as many as 28 persons in the first information report which impleaded even three ladies but in his statement u/s 161 Cr. P. C. he did not name these ladies. He mentioned in his police statement that Sardar Singh and Amar Singh wanted the people to stop from burning the house but in his own first information report he named these persons as amongst miscreants. Similarly there appears differences between the first information report lodged by other persons and the police statements. At this stage, it is difficult to point actual persons who participated in burning of the houses and crops in the fields. Without expressing therefore, any opinion on the merits of the case except that investigation has not been very accurate in such an unhappy incident it appears proper to enlarge all the petitioners on bail pending trial. It is ordered that all the petitioners will subject to their furnishing personal bonds in the sum of Rs. 8000/- each with two sureties in the sum of Rs. 4000/- each to the satisfaction of the Munsif and Judicial Magistrate. Bar to appear in his Court on each and every date on which the case against them may be fixed, be released on bail. .;