Neutral Citation No. - 2025:AHC:13468 Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25860 of 2023 Applicant :- Gaurav Chitkara Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Mishra,Divyendu Tripathi,Vishnu Shanker Gupta Counsel for Opposite Party :- G.A.,Sharad Chandra Srivastava Hon'ble Saral Srivastava,J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant-accused and learned A.G.A. for the State and perused the record. 3. This is the second bail application filed on behalf of the applicant-accused in Case Crime No.832 of 2019, under Sections 498-A & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Sadar Bazar, District Agra with a prayer to enlarge him on bail. 4. The new ground which has been argued by the learned counsel for the applicant that is that the applicant is languishing in jail since 15.10.2019. It is submitted that the applicant is husband of the deceased and has been falsely implicated in the present case on account of the said relationship. It is further submitted that there is no dying declaration against the applicant, and only general allegations have been levelled against the applicant. It is further submitted that the applicant took the deceased to the hospital for treatment, where the deceased died due to cardiac arrest. 5. It is further submitted that the co-accused i.e. mother of the applicant namely Smt. Usha Devi has already been enlarged on bail by this Court by order dated 24.02.2020. It is further submitted that statements of P.W.1 to P.W.3 have been recorded, but the trial has not yet been concluded. He further submits that the applicant has no criminal history and has been languishing in jail since 15.10.2019. 6. Per contra, learned A.G.A. for the State has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, the applicant-accused does not deserve any indulgence. In case the applicant is released on bail, he will misuse the liberty of bail. 7. Considering the entire facts and circumstances of the case, submission advanced by the learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court finds it a fit case to release the applicant-accused on bail. 8. Let applicant- Gaurav Chitkara be released on bail in Case Crime No.832 of 2019, under Sections 498-A & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Sadar Bazar, District Agra on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. 9. It is further directed that the identity, status and residence proof of the sureties be verified by the authority concerned before they are accepted. 10. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. 11. Accordingly, the bail application is allowed. Order Date :- 27.1.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad