The totality of circumstances and the nature of evidence are crucial factors in determining the grant of bail in cases involving serious offences.

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of bail as they are arrested in connection with Crime No. 23/2011 registered in Police Station - Kasdol, District - Raipur (C.G.) for offence punishable under Sections 147, 149,294, 506-B, 302, 307, 323 of I.P.C.

2. According to the prosecution case, at the time of Panthi dance in the village on 10/01/2011, a dispute arose between the two communities/groups in the village and thereafter in a free fight, the applicants along with co-accused Budharu assaulted the members of opposite parties causing injuries to Ishwar, Bhisham Verma and Heshwar Verma. Injured Ishwar subsequently died in the hospital on 18/01/2011.

3. Undisputedly, a counter case has been registered on the FIR of Keshari Dahriya belonging to the present applicants party. In Annexure-A/2, it is mentioned that Crime No.22/20 11 has been registered on the FIR lodged by Keshari Dahriya for offence under Sections 147, 148,452,294, 506-B, 323 and 427 of the IPC and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. Learned counsel for the applicants, relying on the judgments in the matters of Billu Vs. State of MP, Bhanwar Lal Vs. State of MP, Wali Khan Vs. State of MP, Bachhu Vs. State of MP and Bashishth Singh and another Vs. State of Bihar, would argue that since in the counter case, the members of the other party have been released on bail, the applicant also deserves to be released on bail. He would further submit that the applicants are in jail since 13/01/2011.

5. On the other hand, learned counsel for the State opposed the bail application.

6. In this case, there are 5 accused persons against whom allegations of forming unlawful assembly and assaulting 3 members of the opposite party have been made. In the injury report of Bhisham Verma, it is mentioned that he has received 3 lacerated wounds and according to the medical officer, injury Nos.2 & 3 are simple in nature and for Injury No.1, he was advised for Xray. Injured Heshwar Verma has received only one lacerated wound which is opined as simple in nature. Deceased Ishwar Prasad received 3 injuries out of which one is lacerated wound for which opinion was reserved and he was advised for X-ray. Injury No.2 is mentioned as 'complaining of semi conscious and vomiting 4 times' and injury No.3 is mentioned as 'complaining of unable to movement of left upper limb'. To summarize, out of several injuries inflicted on 3 members of the opposite party, only 2 were not opined and referred for X-ray and others were simple in nature. The deceased has received only one lacerated wound caused by hard and blunt object whereas, 5 persons have been made accused in this case.

7. From the material collected in the case diary, it appears that fatal injury caused to Ishwar has not been specifically ascribed to the applicants. The applicants are in jail for last more than 6 months. The fact that counter case has been registered is also a relevant factor and the feature that there was a free fight between the two groups in the village is also relevant for consideration of the applicants' prayer under Section 439 of the Cr.P.C.

8. Considering the totality of the circumstances, the nature of evidence available against the applicants in the case diary and the fact that co-accused Budharu has already been released on bail by this Court in M.Cr.C. No.2108/2011 passed on 28/07/2011, this Court is inclined to release the applicants on bail. Accordingly it is directed that on their furnishing a bond of Rs.25,000/- each with one local sureties each in the like sum to the satisfaction of the trial Court, for their regular appearance before it as and when directed, they shall be released on bail.

Application Allowed.