THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 165 of 2009 B.M. Juyal S/o Late Sri Nanda Dutt Juyal …… Petitioner Versus State of Uttarakhand and others ..…. Respondents Mr. U.P.S. Negi, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for the respondent Nos. 1 and 2. Mr. U.K. Uniyal, Senior Advocate assisted by Mr. Sandeep Kothari, Advocate for respondent No.3. Hon’ble J.C.S. Rawat, J. Mr. U.P.S. Negi, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for the respondent Nos. 1 and 2. Mr. U.K. Uniyal, Senior Advocate assisted by Mr. Sandeep Kothari, Advocate for respondent No.3. 2. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; allegations made against the petitioner; the fact that the petitioner was posted as Manager and DDO of Pauri Garhwal Gas Service Cylinder; the fact that Subhash Sharma was the Go-down Incharge; perused the original cash book as well as distribution of work among the Managers of respondent No.3; and in the facts and circumstances of the case, I do not find that the petitioner is entitled to get the reliefs claimed in the writ petition. 3. The writ petition, therefore, fails and is liable to be dismissed and is hereby dismissed in limine. 4. 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. 5. However, considering the facts and circumstances of the case, I direct if the petitioner surrenders before the court concerned or arrested by the police and thereafter he moves bail application before 2 the court concerned, his bail petition shall be disposed of expeditiously without waste of time. (J.C.S. Rawat, J.) 09.04.2009 Shiv 3