JUDGMENT 1. - It has been argued by Shri Biri Singh that the names of the two petitioners namely Gafoor S/o Safeda and Shakoor S/o Shri Safeda have not been mentioned in the first information report although the author of this FIR has given out as many as 11 names of the persons who had committed the offence. He has further argued that both the present petitioners are real brothers, complainant Deenu is a literate person. He had contented election of Ward Panch against Gafoor. Shri Shakoor had also contested the election of Chairman of Gram Sewa Sahkari Samiti, Reghunathgarh, on 29th July, 1991 and for this purpose also Deenu had filed his nomination paper but had lateron withdrawn his candidature and Shri Shakoor was elected as Chairman of the Society. It is suggested by Shri Biri Singh that the present petitioners have been involved on the basis of the statements of certain witnesses recorded under Section 161 Cr. PC during the course of investigation and otherwise these two petitioners have no direct relationship with either of the parties. 2. It has been submitted by Shri A. Gaffar, the learned Public Prosecutor and the counsel for the complainant that the mere omission of the names of the present petitioners in the FIR is no ground for granting bail when both of them have caused the fatal injuries to the deceased Katuli and there are number of injuries and it is a case in which two persons namely Saltu and Katuli have died and there are as many as 9 injured persons and they have deposed against the present petitioners in their statements under Section 161 Cr. PC. Mr. Biri Singh has submitted that in this case the absence of the names of the present petitioners in the FIR and the inclusion of their names in the statements under Section 161 Cr. PC has to be considered in the light of the fact that the petitioners and the author of the FIR had been rival candidates in the election as submitted above. Mr. PC has to be considered in the light of the fact that the petitioners and the author of the FIR had been rival candidates in the election as submitted above. Mr. Biri Singh has further stated that in case, his statements regarding the author of the FIR being a candidate against Gafoor for Ward Pandh and the filing of the nomination by Deenu against the petitioner Shakoor in the election of Chairman of Gram Sewa Sahkari Saroiti Reghunathgarh in the end of July, 1991 only and Deenu's subsequent withdrawal and the election of Shakoor as Chairman of Gram Sewa Sahkari Samiti are found to be incorrect, his bail may be liable to be cancelled at any stage. 3. Without expressing any opinion on the merits of the case and the submissions mentioned herein above, taking into consideration the facts and circumstances of the case, I am inclined to accept the bail application of accused petitioners Gafoor and Shakoor under Section 439 Cr. PC. 4. It is. therefore, ordered that the accused petitioners Gafoor S/o Shri Safeda and Shakoor S/o Safeda be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties in the sum of Rs. 5,000/- (Five thousand) each to the satisfaction of the learned trial court undertaking to appear in that court or any other court as and when called upon to do so during the pendency of the trial against them in this case.Bail granted. *******