Neutral Citation No. - 2025:AHC:135521 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24835 of 2025 Applicant :- Bhoora Chaudhary @ Updesh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Jadaun,Kuldeep Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Kuldeep Singh Tomar, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent 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 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, and Section 3/25/27 of Arms Act, 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 30.01.2025. 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 no criminal antecedent to his credit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Prince Gautam has been granted bail by the Court vide order dated 07.08.2025 passed in Criminal Misc. Bail Application No. 23848 of 2025, therefore, the applicant is also entitled to be released 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, Bhoora Chaudhary @ Updesh, 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: a. The applicant will not tamper with the evidence. b. The applicant will not indulge in any criminal activity. c. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. d. 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 :- 11.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad