HC: Additional sections added by trial court requires fresh bail
HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION
Dated Nainital the 29th April, 2011 1st Bail Application No. 284 of 2011 Order on the bail application of the accused.
Ram Singh Rana S/o Devendra Singh . Applicant Versus
State of Uttarakhand .. Opposite Party
In Case Crime No. 21 of 2010
U/S 302 I.P.C.
Police Station Dwarahat
Hon’ble Tarun Agarwala, J.
Heard Mr. Rajendra Kotiyal, the learned counsel for the applicant and Shri S.S. Adhikari, the learned A.G.A. for the State. Counter affidavit filed is taken on record. The court had granted bail to the applicant by an order dated 29 March, 2011 in 1st th
Bail Application No. 68 of 2011 u/S 498-A and 304-B I.P.C. Before the applicant could be released, the trial court framed additional charge u/S 302 I.P.C. in addition to the Sections 498-A and 304-B I.P.C. due to which the bail could not be executed. Consequently, a fresh bail application has been filed. Counter affidavit has been filed. The bail granted earlier by the Court is admitted by the learned A.G.A. A perusal of the chargesheet indicates general allegations for demand of dowry not only against the applicant who is the husband of the deceased but also against the entire members of the family. The evidence which has come on record so far indicates that there was no demand of dowry. In the light of the aforesaid, without commenting anything further on the merit of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail. Let the applicant be enlarged on bail in Case Crime No. 21 of 2010, U/S 302 I.P.C., on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned.
(Tarun Agarwala, J.)