Neutral Citation No. - 2025:AHC:20695 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11122 of 2024 Applicant :- Prasun Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kashyap Counsel for Opposite Party :- Debee Shanker Pandey,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, Sri Sheetalesh Pandey, Advocate holding brief of Sri Debee Shanker Pandey, learned counsel for the informant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 1376 of 2018, under Sections 498-A, 323, 504, 506, 377 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Cantt., District- Varanasi, during the pendency of the trial. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of opposite party no. 2 and their marriage was solemnized in the year 2014. He next submitted that earlier applicant and others challenged the first information report before this Court by filing Criminal Misc. Writ Petition No. 11233 of 2019 (Prasun Kumar & Others vs. State of U.P. & 2 Others) and co-ordinate Bench of this Court vide order dated 29.04.2019 disposed of the said writ petition with the direction that applicants shall not be arrested till submission of police report under Section 173(2) Cr.P.C. Investigating Officer has submitted charge-sheet against the applicant in the year 2018, thereafter, applicant approached this Court by filing Application U/S 482 No. 3641 of 2021 and co-ordinate Bench of this Court vide order dated 23.02.2021 referred the matter to mediation and conciliation center but parties did not reach to any settlement as is evident from the mediation report dated 30.07.2022. Further, in respect of applicant herein, namely, Prasun Kumar, the said application under Section 482 Cr.P.C. was refused vide order dated 02.09.2024, thereafter, instant anticipatory bail application has been filed by the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the anticipatory bail application of the applicant and submitted that applicant being husband of the opposite party no. 2 has tortured and demanded dowry. He next submitted that mediation between the parties has been unsuccessful and trial court has issued summons against the applicant. Prima facie, offence is made out against the applicant. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of contents of first information report and other material evidence available on record, prima facie, offence is made out against the applicant. Further, injury report is supporting the prosecution case and mediation between the parties has been failed, as such, no case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application is rejected. 7. However, if the applicant surrenders before the concerned court within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 8. For the period of two weeks from today or till the time of surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant. Order Date :- 13.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad