IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 179 of 2009 With Stay Application No. 2186/2009 Smt. Tara, W/o Shri Jitendra. …… Petitioner Versus State of Uttarakhand and Others. ..…. Respondents Mr. Pratiroop Pandey, Advocate for the petitioner. Mr. H.C. Pujari, Addl.G.A for respondent nos.1 & 2. None for respondent no. 3. Hon’ble J.C.S. Rawat, J. Mr. Pratiroop Pandey, Advocate for the petitioner. Mr. H.C. Pujari, Addl.G.A for respondent nos.1 & 2. None for respondent no. 3. 2. Heard learned counsel for the parties and perused the record. 3. On due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the averments made against the present petitioner; and having regard to the facts and circumstances of the case, I do not find any good ground to grant relief to the petitioner as claimed in the petition. I am refraining from commenting on the merits of the case lest it may adversely affect the petitioner’s case at the trial, which is yet to start. 4. The learned counsel for the petitioner submitted referring the documents annexed with the petition that on 24.03.2009 when this petition was filed, the lady/petitioner was six-seven months pregnant lady and the State has also filed supplementary counter affidavit to this effect annexing the statement of the doctor who has verified the fact that the lady/petitioner is pregnant. A true copy of the statement of Dr. Tanuja Sinha recorded on 09.04.09 u/s 161 Cr.P.C is annexed with the supplementary counter affidavit. The learned counsel for the petitioner further contended that if the petitioner brings this fact to the knowledge of the trial court/magistrate concerned that the petitioner is pregnant and also infirm, her bail application can be considered even by the magistrate/ the trial court u/s 437 Cr.P.C. 5. The learned counsel for the petitioner further submitted that since the lady/the petitioner is pregnant and sick, this Court could grant bail under Section 437 proviso (1) of Cr.P.C under the writ jurisdiction. 6. Keeping in view the facts & circumstances of the case, the contentions of the learned counsel for the petitioner and the fact that the petitioner being a lady pregnant for about seven months, the trial court may dispose of the bail application of the petitioner expeditiously without waste of time. 7. The petition is disposed of accordingly. (J.C.S. Rawat, J.) 16.04.2009 V.K