1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of June, 2011 First Bail Application No. 401 of 2011 Criminal Side Bhupal Giri S/o Mot Giri R/o Village Sirda Patwari Kshetra Jaitsera Tehsil Chaukhatia District Almora …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime. No. 22 of 2010 (S.T. No. 03 of 2011) Under Section: 302 I.P.C Police Station: Dwarahat District: Almora Hon’ble Prafulla C. Pant, J. Mr. Siddhartha Bisht, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. 2 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 under section 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 under section 498A and 304 B 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, AIR 2011 SC page 568, the trial court framed alternative charge of offence punishable under section 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 under section 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. (Prafulla C. Pant, J.) Dt.7.06.2011 Nahid