1. - Heard learned counsel for the applicants and learned Public Prosecutor.

2. On 11.5.10, one Arjun Singh, under treatment at general hospital, gave a statement that on May 10th Nahar Singh was working with a JCB machine towards complainants agriculture land for which some altercations followed. Thereafter, at about 5, when three i.e. Arjun Singh and his brother Rai Singh and Bhawani Singh were going towards their field, stopped little at house of their father's elder brother, from where Arjun Singh and Rai Singh went to their homes - at about 6 p.m., named six persons, including three women, armed with lathi and knife etc. came at house of Nathu Singh and attacked to Bhawani Singh. In the statement, is sated as to what injury, by whom and by what inflicted and that when Arjun Singh intervening, tried to protect, he too was given blows by knife and other articles by named persons - come brother Rai Singh who caught-hold of two persons and knife stabbed by Vikram Singh - also mentioned that Bhawani Singh is dead and Rai Singh is referred to Ahmedabad hospital. On this statement, FIR No. 80/10 for the offences of Sections 147, 148, 447, 323, 324, 307, 302/109 IPC is registered and applicants arrested.

3. Charge-sheet is presented and certified copies of the charge-sheet are submitted with the application.

4. Learned counsel for the applicants argues that quarrel, if any, followed only in between Nahar Singh and Bhawani Singh and in FIR as well as in statements, in course of investigation, are named the persons who inflicted injuries. Stated that for women applicants No. 1 to 3, causing of no specific injuries attributable - applicant No. 1 and also Nahar Singh, Vikram Singh and Kishore Singh sustained injuries - parties are near relatives and, in any case, the incident occurred all of a sudden. Also argued that persons to whom specific acts attributed, are not among applicants. Also stated that for applicant No. 5 Shambhoo Singh, very clearly mentioned in FIR, is that he came only much after incident.

5. Learned Public Prosecutor opposes and submits that one person died, one received grievous injury and one simple and grievously injured person had to remain hospitalized under extensive treatment.

6. The Court has gone though the challan papers. Named are the persons who caused injuries and also mentioned are articles from which allegedly injuries are caused. In totality of circumstances and also considering how, why by whom to whom and who caused injury but without commenting on the merits, in the opinion of the Court, it is just and appropriate to enlarge applicants No. 1, 2, 3, & 5 on bail under section 439 Cr.P.C.

7. Considering the act attributed and other circumstances, the Court is not inclined to grant bail to applicant No. 4 Vikram Singh s/o. Shri Daulat Singh, so his bail application is rejected.

8. Accordingly, it is, therefore, ordered that the accused applicants No. 1 Smt. Dev Kanwar w/o. Shri Nahar Singh, No. 2 Smt. Andar Kanwar w/o. Shri Rai Singh, No. 3 Smt. Meena Kanwar s/o. Shri Kishore and No. 5 Shambhoo Singh s/o. Shri Nahar Singh be released on bail, on usual conditions, provided each of them furnishes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand only) with two sound sureties of Rs. 10,000/- (Rupees ten thousand only) each to the satisfaction of the concerned trial Court, with the stipulation to appear in that Court as and when called upon to do so, during the pendency of the against them, in this case.Application Allowed.

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