Ori Lal vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.0018 of 2026, under Sections 115(2), 352, 351(3), 333, 324(4), 119(1) of B.N.S., Police StationGudamba, District- Lucknow.

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As per prosecution case, it is alleged that on 09.01.2026 at about 12 noon, informant Suraj Kumar Verma was at his residence with his wife and children, whereon Ori Lal, Tribhuvan and other unknown persons came inside house of informant in a Lawyer attire and asked him to sign some papers and vacate the house whereafter when the informant and his family refused, said persons hurled abuses and assaulted them due to which informant and his family members sustained injuries. Said persons thrown out the things from informant's house and when informant shouted, said persons fled away threatening to kill informant.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. The applicant is the owner and in possession of the property at Gata No. 36, area 0.1940 village Bahadurpur as same is his parental property, which has received through inheritance. Father of informant was trying to illegally take possession of applicant's property. On 24.02.2019, father of informant attempted to dig the foundation and take illegal possession of the property whereon applicant

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NABAIL No. 919 of 2026

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filed a suit for injunction, bearing Regular Suit No.682/2020. He further submits that the applicant has no previous criminal history and the applicant undertakes to co-operate in the investigation.

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Per contra, learned A.G.A. has opposed the anticipatory bail application.

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Issue notice to opposite party no.2. Steps be taken within a week.

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Let a counter affidavit be filed within two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

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List this case after four weeks.

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On due consideration to the prosecution version stated in the FIR; and the undertaking given on behalf of the applicant to cooperate with the investigation, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

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Till the next date of listing or till submission of charge sheet, whichever is earlier, it is provided that in the event of arrest, the applicant- Ori Lal shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned with the following conditions:-

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(i) The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above.

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(ii) The applicant shall cooperate in the investigation and he will not influence the witnesses.

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(iii) The applicant shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order.

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May 19, 2026

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Anand/-

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(Rajeev Bharti,J.)