JUDGMENT : Hon'ble Sudhanshu Dhulia, J. (Oral) A first information report has been lodged by respondent no. 2 against a contractor, namely, Hridesh Mehra. The first information report has been registered as Case Crime No. 20 of 2013 under Section 406 of IPC, at Police Station Ranikhet, District Almora. After investigation, the police has submitted a chargesheet against the present applicant as well, who at the relevant point of time was posted as Forest Range Officer, Jageshwar Range, Almora. Subsequently, the learned Judicial Magistrate, Ranikhet has taken cognizance and summoned the present applicant vide summoning order dated 04.09.2014 for the offences under Sections 406, 409, 120-B of IPC. Hence the applicant has invoked the inherent jurisdiction of this Court under Section 482 CrPC. 2. The case of the prosecution is that there is a criminal breach of trust, inasmuch as the standards and precaution for construction of “Chaubatia - Nagpani Forest Road have not been followed and the materials which ought to have been used for the construction of the said road have not been used. 3. It is a very sorry state of affairs that State has not filed the counter affidavit in this case even after more than 4 years. 4. Stay order normally should not continue beyond the period of six months and the matter must be adjudicated on merit. The applicant always has a liberty to move an application for his discharge, but the proceedings cannot be stayed for so long. It is also not a case where any abuse of the process of Court has been shown by the applicant. 5. Criminal Misc. Application is therefore dismissed. Interim order dated 16.10.2014 stands vacated. 6. Let the applicant appear before the court concerned and move a bail application. It is made clear that as soon as the applicant appears before the court below and move a bail application, the same shall be considered, as far as possible on the same day itself on its merit. In case the bail application is deferred for any reason (including its rejection), the court shall forward the papers to the Sessions Court for deciding the bail application on the same day itself. In case the bail application is deferred for any reason (including its rejection), the court shall forward the papers to the Sessions Court for deciding the bail application on the same day itself. It is further made clear that while considering the bail application of the applicant, learned court below must take into consideration the fact that the applicant is a Government servant and has never been arrested and has always cooperated in the investigation, as well as the fact that there has also been a departmental inquiry in the matter in which the Department has exonerated the applicant. 7. It is further made clear that the applicant will be at liberty to raise all the legal and factual points before the court concerned at an appropriate stage while seeking discharge, and for moving an application under Section 205 of CrPC for appearance through his counsel, at the appropriate stage. 8. For the reason that counter affidavit has not been filed before this Court by the State even after more than four years, let a copy of this order be also sent to the Legal Remembrance and the Government Advocate to take appropriate steps in the matter, for future.