RAMJI TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Prashant Kumar Singh, learned counsel for the applicants, learned A.G.A. for the State of U.P. Sri Rakesh Dubey, learned counsel for the complainant and perused the record.

(2.) THIS bail application has been filed by the applicants Ram Ji Tiwari and Kripa Shanker Tiwari with a prayer that they may be released on bail in case crime No. 264 of 2011 under sections 304, 323, 504 IPC, P.S. Bidhnu, District Kanpur Nagar. The facts in brief of this case are that NCR has been lodged by Sri Harbhajan Tiwari on 15.6.2011 at 3.30 P.M. in respect of the incident allegedly occurred on 15.6.2011 at about 7.30 A.M. The applicants and three other co-accused persons are named in the FIR. It is alleged that on 15.6.2011 at about 7.30 A.M. the first informant was going to his field after taking the dungheap. In the meantime the applicants and other co-accused persons hurdled the abuses and did the maarpeet with the deceased Guru Prasad Tiwari, he was badly beaten by using the lathi blows. He was taken to C.H.C. Bidhnu from there he was referred to Hallot Hospital, Kanpur, subsequently the deceased succumbed to his injuries on 16.6.2011 at 5 A.M. According to the post mortem examination report the deceased had sustained two ante mortem injuries in with injury No. 1 was contused swelling as well as on the right side of the tempo parietal region and injury No. 2 was contusion on the left side of scull. Cause of death was comma as a result of ante mortem head injuries. The applicants applied for bail before learned Sessions Judge, Kanpur Nagar who rejected the same on 16.7.2011.

(3.) CONSIDERING the submission, made by learned counsel for the applicants, learned A.G.A., learned counsel for the complainant and from the perusal of the record it appears that in the said incident the deceased had sustained two injuries on his head, both the injuries were having the bone fracture and the applicants are in jail since 26.6.2011. The benefit of the parity with the co-accused Ram Autar may not be extended to the applicants because he has been released on bail by learned Sessions Judge on the ground of old age. At this stage the applicants are not entitled for bail. The prayer for bail is refused. Accordingly this application is dismissed.