Neutral Citation No. - 2025:AHC:66178 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3026 of 2025 Applicant :- Pushpendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application has been filed on behalf of applicant Pushpendra Singh under Section 482 of B.N.S.S. seeking anticipatory bail in Case Crime No. 10 of 2001, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bahsuma, District Meerut. 2. Learned counsel appearing on behalf of applicant submitted that applicant is husband of the deceased. It is further submitted that he is working in the Indian Army and at the time of incident he was posted in Sikkim. It is further submitted that he has never harassed or misbehaved with the deceased and no complaint filed by the deceased in the past i.e. before the date of the incident. Learned counsel further submitted that he has been falsely implicated in the instant case due to ulterior motive. It is also informed that after lodging of the first information report by the informant, he has filed an application under Section 482 Cr.P.C. before the co- ordinate Bench of this Court and the co-ordinate Bench of this Court has stayed the entire proceeding in the said case crime number qua the present applicant vide order dated 25.06.2002. The stay order was continued till 26.07.2018 and the said application was dismissed on 26.07.2018 for non-prosecution but he was not aware about the dismissal of the said application under Section 482 Cr.P.C as the counsel who was appearing in the matter has not informed about the dismissal of the said application. Learned counsel further submitted that after dismissal of the said application under Section 482 Cr.P.C., the trial Court has proceeded against the present applicant. It is also submitted that since he was not aware about the dismissal, therefore, he could not appear before the trial Court. On the non appearance of the applicant, the trial Court has issued summons as well as non- bailable warrant against him. He got aware about the issuance of the non-bailable warrant in the year 2024 which is stated in paragraph no.14 of the paper book. It is also submitted that trial which has been proceeded against the other co-accused persons namely Sandeep, Smt. Bala, Dharambir and Ompal, who are the brother-in-law, mother-in-law, father-in-law and uncle-in-law of the deceased respectively and they have been acquitted from the charges by the trial Court vide order dated 06.10.2006 on the ground that there are no material found to convict those co- accused persons for the offence punishable under Sections 498-A, 304-B I.P.C. Learned counsel appearing for the applicant submitted that since the co-accused persons have already been acquitted and as no sufficient material available against them, the applicant has better case as he was not present at the home at the time of incident and he is far away to his home when the incident has taken place. It is also undertaken that he is ready to co-operate with trial and also undertaken to abide by the all terms and conditions as imposed by this Court while granting anticipatory bail. It is also submitted that now he is retired from the Indian Army. There are no previous criminal history against the applicant and he is a man of clean antecedents. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant anticipatory bail application but has not contradicted that other co-accused persons have already been acquitted from the same offence by the trial Court and also not contradicted that applicant is having clean antecedents. 4. Heard Sri Vivek Kumar Singh, learned counsel appearing on behalf of applicant as well as Sri Rajesh Kumar Gupta, learned A.G.A. for the State and perused the material on record. 5. I have perused the trial Court judgement dated 06.10.2006. Relevant portion of the judgement is quoted here-in below. "XXXXXXXXX इस पककर उपररक ववववचनक सव सपष हह वक ममतकक कव चचवरव भकई ससधधर कस मकर दकरक थकनव पर 15-1-01 कर दध गई तहरधर व नकल रपट नन0-34 पदरर ख-1 मम ममतकक सधमक दकरक आतम हतयक वकयक जकनक अनवकत हह। ममतकक कव वपतक नहनससनह दकरक घटनक कव 6 वदन बकद अथकरत 20-1-01 कर एस०एस०पध० मवरठ कर वदयक गयक पकथकर- पत पदरर क- 1 ऑफटर थकट व ववसधक रकय पर आधकररत हह और उसमव अनवकत तथय कतई ववशवसनधय नहह हह और ममतकक कव वपतक नहनससनह दकरक कव स मम रनगत दवनव कव सलए मसलसजमकन दकरक दहवज मम 50,000/- रपयव, वफज व सरनव कव जववरकत मकमगव जकनव वकलध बकत बतकयध हह। ममतक सधमक कव मकतक- वपतक व अनय लरग ममतकक कव रव कव पनचकयतनकमक कव समय ममजजद रहव हह उसकक पनचकयतनकमक तहसधलदकर मसजसटटवट ससरवनद ससनह दकरक भरक गयक हह परनतस वफर भध अबवटमवनट अथवक ममतकक सधमक कक दहवज उतपधडन एवन हतयक करनव कक आररप वकसध कव दकरक नहह लगकयक गयक हह और न हध वकसध कव दकरक इस बकबत ववररध पकट सजयक गयक हह वक उक कव स आतम हतयक कक नहह हह बललक मसलसजमकन दकरक दहवज कव सलए ममतक सधमक कक हतयक कक गई हह। पतकवलध पर उपलबध सककय सव यह भध सकवबत हह वक नकल रपट नन0-34 ममतक सधमक कव मकयकव वकलर कक उपलसथवत मम ममतक कव चचवरव भकई ससधधर कस मकर कक तहरधर पर सलखकयध गई थह। अतएव अवभयरजन सकवकयर कक यह वजरन (version) अववशवसनधय हह वक घटनक कव बकद ममतकक कव मकयकव वकलव नकल रपट नन0-34 कव समय थकनव पर ममजजद नहह थव। ममतकक कव चचवरव भकई ससधधर कस मकर कर सककय मम पवर न वकयव जकनव सव यह बकत ववशवसनधय नहह हह वक ससधधर कस मकर दकरक नरव कक हकलत मम उक रपट अनवकत करकयध गई थध। इस पककर पतकवलध पर उपलबध सककय सव अवभयरजन पक मसलसजमकन कव ववरद आररप कर पयकरप व ववशवसनधय सककय सव सकवबत करनव मम असफल रहक हह। अतएव मसलसजमकन उक आररप हर दरष- मसक वकयव जकनव यरगय हह। आदवर अवभयसकगण सनदधप, धमरवधर, ओमपकल तथक शधमतध बकलक कर भक०दन०सन० कक धकरक-498 ए एवन 304 बध कव अनतगरत आररपप सव दरष- मसक वकयक जकतक हह। उनकव जमकनत नकमव वनरसत वकयव जकतव हह जमकनतदकरप कर उनकव दकवयतव सव उनमरवचत वकयक जकतक हह। हसतककर अपवठत 06/10/2006 वदनकनक-6-10-06 ( ससखलकल ) अपर सजलक एवन सत नयकयकधधर करटर नन0-5, मवरठ।" 6. The other co-accused have been acquitted by the trial Court for the offence punishable under Sections 498-A and 304-B I.P.C. on the ground that there are no sufficient material available qua the other co-accused. The co-ordinate Bench of this Court in the application under Section 482 Cr.P.C. filed on behalf of applicant has already stayed the proceedings of the aforesaid case crime number qua the applicant vide order dated 25.06.2002. On prima facie satisfaction that there are no material for commencing the trial against the applicant but the stay order was vacated due to dismissal of said application under Section 482 Cr.P.C. for non prosecution. 7. Taking into consideration the aforesaid reasons as well as all entirety of the matter as discussed above, he has no flight risk and also the undertaking given by learned counsel appearing on behalf of applicant on instructions that applicant shall co-operate in the trial and also abide by all the terms and conditions as imposed by this Court while granting anticipatory bail, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicant Pushpendra Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs.1,00000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) The applicant shall not leave the Meerut without prior permission of the trial Court concerned. (iv) The applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. (v) He will keep his mobile phone on 24 hours. (vi) He will report once in a week to the concerned police station between 10:00 am to 04:00 pm. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 29.4.2025/AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad