Neutral Citation No. - 2025:AHC:133581 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23848 of 2025 Applicant :- Prince Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Prateek Pandey Counsel for Opposite Party :- G.A.,Kundan Rai,Vijay Kumar Rai Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Amit Daga, learned counsel for the applicant, learned counsel for the first informant and Shri Purushottam Maurya, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Prince Gautam, seeking enlargement on bail in Case Crime No. 63 of 2025, under Sections 191(2), 191(3, 190, 103(1), 109, 3(5) & 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Vrindavan, District- Mathura. 3. There is allegation in the First Information Report that on 29.01.2025 at about 10:00 pm, son (the deceased) of the informant with other family members were standing in front of the Rajwada farm house to return to their homes after lagan ceremony, at that time, a black coloured Thar(vehicle) bearing registration no. UP 85 BY 5766 dashed the vehicles of the relatives of the informant and when opposed, the accused-applicant along with two named and other unnamed persons came there and started sabotaging their vehicles and firing upon them due to which son of the informant and one Raj Gaud sustained injuries and subsequently son of the informant died during treatment. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 07.02.2025. Learned counsel for the applicant submits that though the applicant is named in the FIR, no specific allegation of causing gun shot injury has been assigned to the applicant and only omnibus allegation has been made against him. He further submits that the incident is outcome of sudden quarrel and there is no intention or motive behind it. The eye witnesses in their statements have uttered the name of the applicant, but has not disclosed the fact that how they got to know the name of the applicant. He further submits that nothing incriminating has been recovered from possession or pointing of the applicant. He next submits that the applicant has criminal antecedent of six cases including the present case and the same are duly explained in para 54 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Prince Gautam, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad