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NC: 2024:KHC:50880-DB

6. After rejection of such bail application almost within one month, the appellant filed another application under Section 439 of Cr.P.C. seeking interim bail for a period of three months on the same medical grounds. The said application was opposed by the prosecution. Trial Court on hearing the parties by the impugned order again rejected the said application on the ground that it called for the medical reports, as per the medical reports, the condition of the appellant is stable and he is being given required treatment through the best hospitals.

i) Vijay Agrawal Through Parokar vs. Directorate of Enforcement1 Bail Appln.1762/2022 (DD 29.05.2023) NC: 2024:KHC:50880-DB

ii) Ziya Ur Rehman vs. National Investigation Agency2

iii) Ateeq Ahmed vs. National Investigation Agency3

9. Sri Prasannakumar, learned Special Public Prosecutor submits that as per the medical records, the condition of the appellant is stable and he is being provided with all the required medicines. He submits that when the bail application on the same ground was rejected, to overreach that order an application by way of interim bail application is filed which is impermissible. He submits that the judgments cited by the appellant are not applicable and the appeal be dismissed.

10. On considering the submissions of both side and on examination of the material on record, the question that arises for consideration of the Court is "whether the appellant is entitled to interim bail as sought for ?".

Analysis

11. Briefly stated the appellant along with other accused is facing trial on the allegations of indulging in terrorist and anti-national activities to break integrity and sovereignty of India. With an intention to make India an Islamic country, they Crl.A.No.6/2024 (DD 31.01.2024) Crl.A.No.793/2024 (18.06.2024) NC: 2024:KHC:50880-DB were working in aid of ISIS a proscribed terrorist organization. The specific allegations against the appellant is that he was part of strategy of radicalization of Al-Hind group members, he arranged conspiracy meetings, participated in Armed training and committed the offences which are punishable under Section 120B IPC and Sections 18, 20, and 39 of UAP Act. On 18.07.2024 his bail application before the Trial Court was rejected on merits as well as on medical grounds. On 20.08.2024 he filed interim bail application again urging the same medical grounds which came to be rejected by the impugned order.

16. The above medical reports show that the medical condition of the appellant has improved from February 2024 to November 2024 on account of the treatment which was provided to him in the jail. Further Trial Court in the order dated 18.07.2024 has issued direction to the prison authorities that if the situation demands, State shall provide him the

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NC: 2024:KHC:50880-DB treatment in specialized hospital and family members are allowed to take care of the appellant, if he is admitted in such hospital for treatment. The aforesaid circumstance shows that there is sufficient force in the submission of the Public Prosecutor that by filing interim bail application, appellant is trying to achieve indirectly which he could not achieve under the bail application.