Neutral Citation No. - 2025:AHC-LKO:46826 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1065 of 2022 Applicant :- Mohammad Iliyas Rabbani Opposite Party :- State Of U.P.Thru.Prin.Secy.Home Lko.And Another Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Ms. Khushboo, Advocate holding brief of Shri A.K. Sharma, learned counsel for the applicant and learned A.G.A. for the State. Ms. Khushboo, Advocate holding brief of Shri A.K. Sharma, learned counsel for the applicant submits that she has no instructions regarding this case. The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in F.I.R./Case Crime No. 0637 of 2021, under Sections 306 and 506 IPC, Police Station- P.G.I., District- Lucknow. The Co-ordinate Bench of this Court vide order dated 27.7.2022 has passed the following order:- "Heard Sri Anil Kumar Sharma, learned counsel for the applicant, Sri Vinay Kumar Sahi, learned AGA for the State and perused the material available on record. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0637 of 2021, under Sections 306 and 506 IPC, Police Station P.G.I., District Lucknow, with a prayer to enlarge him on anticipatory bail. As per prosecution story, the brother of the informant is stated to have committed suicide on 02.12.2021 at about 8:00 pm as he was indebted to Amar Mishra, Gopal Mishra, Raju Sharma, Poonam Sharma and few others who are stated to have abetted him to commit suicide for the payment of the said loan amount. Learned counsel for the applicant has stated that there are three suicide notes recovered during the investigation and the name of the applicant does not find mention in any of them. The applicant has been implicated on the ground that he happens to be the owner of Polo Hospital and the amount of Rs.3,80,000/- is stated to have been paid to the deceased by the co-accused Dr. Wazahul Kamar Khan. There are no criminal antecedents of the applicant. Learned counsel has stated that the applicant has co-operated in the investigation and is ready to do so in future also failing which the State can move appropriate application for vacation of the interim protection. Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant. Matter requires consideration. Learned AGA is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. List this case on 07.09.2022 in the additional cause list. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the accused-applicant- Mohammad Iliyas Rabbani shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) the applicant shall make himself available for interrogation as and when required; (ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) the applicant shall not leave India without the previous permission of the Court. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application." Learned A.G.A., on the basis of the record, has submitted that the applicant has not misused the liberty of interim anticipatory bail granted by the coordinate bench of this Court. In view of the aforesaid, the anticipatory bail application is disposed of in terms of the earlier order dated 27.7.2022. Order Date :- 11.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench