JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The present applicant is facing a trial, in which he is an accused, which is pending in the court of 1st Judicial Magistrate, Kashipur, District Udham Singh Nagar. The trial court could not proceed against the present applicant, as he did not appear before the court. Although the matter proceeded against the remaining accused persons, in which they were acquitted by the court under Section 498A of I.P.C. and 3/4 of Dowry Prohibition Act, however, they have been convicted under Section 323 of I.P.C. 2. Now the applicant says that since decision has already been taken by the court below on the principle of stare decisis and the same decision is liable to be given in his case as well. Therefore, the entire trial would be a formality and proceedings be quashed. 3. Considering the facts and circumstances of the case, no indulgence whatsoever has been granted to the applicant in the present matter is liable to be dismissed. 4. All the same since the petitioner is a Junior Engineer in Bharat Heavy Electrical Ltd., which is a Government Undertaking, and he has been transferred to far flung places, hence, he could not be able to appear before the court below. 5. Considering the above fact, the petitioner is given liberty to appear before the trial court and move application for bail before the Magistrate concerned, which shall be decided as far as possible on the same day itself on its merit, and if for any reason, the bail is deferred (including rejection), the learned Magistrate shall consider granting interim bail to the applicants. Meanwhile, the non-bailable warrants issued against the applicant shall be kept in abeyance till 12.10.2015, in order to enable the applicant to apply for bail before the court concerned. 6. With the aforesaid observation, the application under Section 482 Cr.P.C. stands disposed. Stay order dated 05.06.2015 stands vacated.