IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 199 of 2009 With Stay Application No. 2385/2009 Dalip Singh & others. …… Petitioners Versus State of Uttarakhand and another. ……. Respondents Mr. R.S. Sammal, Advocate for the petitioners. Mr. Nandan Arya, A.G.A. for respondent no. 1. None for respondent no.2. Hon’ble J.C.S. Rawat, J. Mr. R.S. Sammal, Advocate for the petitioners. Mr. Nandan Arya, A.G.A. for respondent no. 1. None for respondent no. 2. 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 application u/s 156 (3) Cr. P.C. given to the magistrate; the medical certificate annexed with the petition; 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. However, 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. Since both the parties have sustained injuries in the incident; the fact that there is a cross case in this matter; the fact as to who is the aggressor in the incident is to be decided by the court below; and considering the facts & circumstances of the case, I direct that if the petitioner appears/surrenders/brought before the trial court, his bail application will be disposed of expeditiously without waste of time. 5. The petition is disposed of accordingly. The stay application also stands disposed of accordingly. (J.C.S. Rawat, J.) 30.3.2009 V.K.