Bhupal Giri vs State of Uttarakhand

Prafulla C. Pant, J.—Heard.

Applicant- Bhupal Giri, who is in jail in connection with Case Crime. No. 22 of 2010, (S.T. No. 03 of 2011) relating to offence punishable u/s 302 I.P.C., police station Dwarahat, District Almora, has sought his release on bail.

Learned Counsel for the applicant submitted that the applicant was arrested in connection with case crime No. 22 of 2010 ( S.T. No. 3 of 2011), relating to offences punishable u/s 498A and 304B I.P.C, Police Station Dwarahat, District Almora. In said case applicant was granted bail by this Court vide its order dated 02.05.2011, passed on Bail Application No. 244 of 2011.

It appears that after the judgment delivered by the Supreme Court in Rajbir @ Raju and Another Vs. State of Haryana, , the trial court framed alternative charge of offence punishable u/s 302 I.P.C against the applicant and rejected his bail related to said section.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, keeping in mind that the applicant has already been directed to be released on bail, this Court is of the 3 view that the applicant deserves bail in respect of offence punishable u/s 302 I.P.C., for which the trial court has framed the alternative charge.

Therefore, the Bail Application is allowed. Let the applicant-Bhupal Giri be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Almora.