1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record.

2. Heard Shri K.K. Sharma, learned counsel for the applicant and Shri V.K. Shahi, learned Additional Advocate General along with Shri Anurag Verma, learned AGA for the State-respondent.

3. This is the third bail application moved by the applicant, who has been arraigned in Case Crime No.0309/2021, under Sections 120-B, 167, 195-A, 218, 306, 504, 506 IPC, Police Station Hazratganj, District Lucknow.

4. The first bail application was rejected by a Coordinate Bench of this Court on merits by means of the order dated 07.06.2022 and a copy has been placed on record as Annexure No.16. The second bail application was also rejected by a Coordinate Bench of this Court on merits by order dated 14.03.2023 and a copy of which is part of Annexure No.16.

5. This third bail application has been filed primarily on account of the medical condition of the applicant.

6. In order to appreciate the submissions as well as the background in which the applicant has made this third bail application, this Court deems appropriate to notice certain facts first.

7. The prelude to the instant bail application can be summarized as under:-

(a) An F.I.R. was registered against the accused-applicant being FIR No.548 of 2019 under Sections 376, 420, 406, 506 I.P.C. at Police Station Lanka, District Varanasi on a complaint made by the victim, who later on attempted to commit suicide along with her friend within the precincts of the Supreme Court of India on 16.08.2021. The victim and her friend both were admitted in very serious and critical condition in Ram Manohar Lohia Hospital, New Delhi and later during treatment died on 21.08.2021 and 24.08.2021, respectively.

(b) On 10.11.2020, the victim is said to have given an application to the Senior Superintendent of Police, Varanasi alleging that co-accused- Amitabh Thakur, an Ex IPS officer was manufacturing false documents/evidence against the victim and her friend to favour the present applicant. The victim and her friend-Satyam Prakash Rai, thereafter, on 16.08.2021 attempted a suicide outside the Supreme Court and went live on Facebook making serious allegations against the accused-applicant and co- accused-Amitabh Thakur and various other authorities.

(c) The Director General of Police constituted a Two Member Committee consisting of Director General, U.P. Police Recruitment and Promotional Board and Additional Director General, Women and Child Security Organization, Lucknow. The said Committee submitted its report on 27.08.2021. On the basis of said report, a written complaint was given by Sub Inspector Daya Shankar Dwivedi at Police Station Hazratganj, on the the basis of which the present FIR was registered against the accused- applicant and co-accused. It is alleged that Bharat Singh, father of the accused-applicant gave an application on 03.03.2020 to S.S.P. Varanasi requesting him to get the further investigation done under Section 173(8) Cr.P.C. with regard to FIR No.548 of 2019 registered against the accused- applicant by the victim.

(d) The said application was enquired by the then Circle Officer, Bhelupur, Mr. Amresh Kumar Singh, who prepared a report and submitted it which was adverse to the interest of victim of that case. The said report was made available to co-accused-Amitabh Thakur and other persons under Right to Information Act and was made public allegedly to defame the victim/prosecutrix. It is also alleged that the victim and her friend were so much harassed and tortured that they became desperate and perceived that they would not get any justice. They even feared for their lives and under these circumstances, they went to New Delhi and attempted a suicide outside the Supreme Court and later died during the course of treatment.

(e) The applicant has a sizeable criminal history of 25 cases. A coordinate bench of this Court vide order dated 14.03.2023 passed in bail application 1564 of 2023 while rejecting 2nd bail application of the applicant in this case had noticed that the applicant has been acquitted in the rape case lodged by the victim and an appeal is stated to have been filed against this order of acquittal. Similar observation had been made by another coordinate bench of this Court in its order dated 28.08.2023 passed in bail application No.32534 of 2023 while granting bail to the applicant pertaining to the Gangster Act after considering his medical condition. Apart from this it is also an admitted fact that Co-accused -Amitabh Thakur has been granted bail by a coordinate bench of this court vide order dated 14.03.2022 passed in bail application No. 15042 of 2021.

8. In the aforesaid backdrop, while the applicant moved the instant third bail application on medical grounds, which was considered by a Coordinate Bench of this Court while granting interim bail to the applicant. While doing so, it noticed the earlier orders as well as the medical reports which were placed on record. For the sake of convenience, the relevant portion of the order dated 29.04.2024 passed by a Coordinate Bench of this Court is being reproduced as under:-

"5. The applicant, who has been in jail in another case since 2019 and it was on 27.07.2019, he was diagnosed as suffering from chronic supportive otitis media with mastoitis at B.H.U. Institute of Medical Sciences and surgical procedure was advised and it was also diagnosed that applicant has started having low back pain for which he was referred to neurology department and his treatment was started under the supervision of professor Vijay Nath Mishra.

6. It is further submitted that applicant was again referred to the department of neuro surgery for expert opinion for cervical compression and also for chronic pain management on 07.08.2019 and after repeated requests the applicant was brought before the Swaroop Rani Nehru Hospital, Prayagraj for follow up on 09.03.2021 and was diagnosed with large perforation in ear and was referred to AIIMS, New Delhi for further management and treatment by Dr. Siyaram Singh.

7. It is further submitted that on 26.06.2021 the applicant was brought before the orthopedics department, S.R.N. Hospital, Prayagraj and the accused was diagnosed with coccydynia (Tail Bone Pain).

8. It is also submitted that after repeated requests it was under the orders passed by the Court of Special Judge, M.P./M.L.A. Court No.6, Varanasi, the applicant was admitted at S.R.N. Hospital, Prayagraj and was operated on 31.08.2021 and was discharged on 05.09.2022. However, on 08.09.2022 when he arrived in the Court of A.C.J.M., Varanasi, he got fainted and, thereafter, he was advised complete bed rest.

9. It is further submitted that on 10.07.2023 applicant complained of tinnitus, vertigo, headache and memory loss and was examined again in S.R.N. Hospital, Prayagraj and he was advised to keep an attendant for avoiding damp and also that he should be kept in a well-ventilated room.

10. It is further submitted that on 13.07.2023 when the accused was brought for the follow-up regarding memory loss, headache and low back pain, he was also diagnosed with extensive blood pressure and Hemorrhoidial Bleeds and was also advised surgery. On 18.07.2023 on the complaint of chest pain, 2D Echo was advised and on 27.07.2023 when he was examined of complaint of headache, low back pain, tremors of hand, he was advised several tests which includes CECT Abdomen (Thorax + Neck + Brain) for Phaeochromocytoma ( Malignant).

11. It is further submitted that on 03.08.2023 in the report of the test conducted on thorax, it was found that few small soft tissue density nodules in Right lung parenchyma were noticed and he was advised MIBG Scan and DOTATAE PET Scan and was referred to AIIMS, New Delhi on urgent basis.

12. It is vehemently submitted that on 10.08.2023 the Chief Medical Officer, Prayagraj wrote to the Medical Superintendent, Central Jail Naini, Prayagraj that the treatment of the accused-applicant is not available in any Government Hospital in the State and so he was referred to AIIMS, New Delhi. On 21.09.2023 Deputy Medical Superintendent, Banaras Hindu University wrote a letter to the Medical Superintendent, Central Jail Naini, Prayagraj recommending PET Scan, as there is no facility of PET Scan at BHU.

13. It is also submitted that on 26.10.2023 the accused-applicant was diagnosed with hypertensive urgency along with the Parkinson disease and also that the lung parenchyma need to be ruled out and the patient was referred to AIIMS, New Delhi for further urgent workup of hypertensive urgency and to rule out haeochromocytoma/ paraganglioma.

14. It is further submitted that under the orders of this Court dated 23.11.2023 a report was submitted and a Medical Board was constituted by the Director, SGPGIMS, Lucknow and the report of the Board dated 19.12.2023 was placed before this Court and few soft tissue density in right lung was found and was advised to get a PET Scan for evaluation of any possible malignant tumor and it is also stated therein that applicant is suffering from multiple chronic problems.

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30. The applicant in para nos. 36, 37 and 38 of the affidavit enclosed with the bail application has described his medical condition as under:-

“36. That the accused applicant has been diagnosed with having the symptoms of cancer in lungs. It is very sorry state of affairs that a young man of the age of about 40 years carrying bright political carrier in the Indian Politics has developed cancerous disease hence in order to get better treatment for the cancer, the accused applicant requires to be released on bail.

37. That the accused applicant has applied for the bail under the Gangsters Act before the Hon’ble Court in Criminal Misc Bail Application No.32534 of 2023 and during the pendency of the bail application the Hon’ble Court has called for the medical report of the accused applicant wherein the

Medical Superintendent, Central Jail, Naini, Prayagraj has submitted through his report dated 09.08.2023 about the medical conditions of the accused applicant which is elaborated as under;

‘The applicant was found suffering from ‘Ear discharge, vertigo and headache with chronic suppurative otitis media with mastoiditis and was advised for operation”.

-As per the report of department of neurology, the applicant is suffering from ‘left CSOM with Mastoiditis L.B.P, vertigo and Decreased Vision Left Eye, Cervical Compression’.

-On 29.07.2021 the applicant was sent to Sir Sunderlal Hospital. B.H.U, Varanasi, and the specialist has referred for severe Tail Bone pain and Degenerative changes + Cervical+ Lumbar Vertebra Spine and was referred for Piles/ Haemorrhoids’.

- On 16.09.2021, the applicant was referred for Bleeding PR associated with Lower Abdominal pain’.

-On 18.05.2022, the applicant was advised for ‘Therapy Resistant Coccydynia’ by higher centre and for sending him to SGPGI, Lucknow and after that, he was referred for ‘Neuromedicine’, AIIMS, Delhi.

-As per report dated 13.07.2023, applicant was suffering from Headache, Memory loss, low back pain and also having 24 hours urinary VMA.

-By report dated 13.07.2023 it was shown that applicant was suffering from ‘Haemorrhoidal Bleed’ and ‘Coccydynia’ and he was referred for surgery.

-On 27.07.2023, it was shown that applicant is having ‘tremors of hands and palpitation and phaeochromocytoma’.

-As per report dated 30.06.2023, applicant was having ‘phaeochromocytoma/paranganglioma’ and he was referred to AIIMS, New Delhi on urgent basis for treatment.

-Similarly on 30.06.2021, the applicant was advised for ‘MRI Screening of whole spine’ and to avoid prolong sitting / travel with ambulance to hospital.

-By report dated 13.08.2022, it was shown that he was suffering from ‘coccydynia with Spondyloarthritis with LBA with PIVD’.

-From 31.08.2022 to 05.09.2022, applicant remained admitted in swaroop rani nehru Hospital, Prayagraj, where he was operated for ‘Left Myringoplasty Operation’. It was advised that applicant should not b allowed for travelling because his operation may be failed and 7 should be on complete bed rest. In another report, it was also mentioned that the patient not managed well within conditions. It was also shown that the applicant is suffering from ‘Progressive DOV left eye and watering of left eye’.”

38. That the applicant is suffering from Coccydynia with Spondyloarthritis with low backache with PIVD (Prolapsed Intervertebral Disc), high BP, high bleeding, Vertigo and Nausea. As per report dated 03.08.2023, the applicant shown suffering from 'phaeochromocytoma / paranganglioma' and he was referred to AIIMS, New Delhi on urget basis for treatment."

31. In his supplementary affidavit dated 02.11.2023 applicant further reiterated his medical condition in detail giving date wise prescriptions, diagnosis and the treatment provided as also the further tests advised by experts in order to evaluate his existing ailments pertaining to life threatening diseases and also to rule out malignancy.

32. The State in its counter affidavit dated 23.11.2023 has replied in para nos. 20, 50, 51 and 52 as under:-

"20. That in reply to the contents of paragraph No. 1 of the affidavit filed in support of the instant bail application, hereinafter referred to as affidavit for the sake of brevity, it is submitted that from a comprehensive reading of the medical reports of the applicant, it is evident that although he has been referred to the AIIMS, New Delhi, for medical treatment, the reports do not indicate any definite opinion regarding urgent and immediate medical emergency.

50. That the contents of paragraph No. 36 of the affidavit insofar as the same pertain to certain medical reports of the applicant brought on record, the same do not call for a specific rebuttal from the answering respondent.

51. That the contents of paragraph No. 37 of the affidavit insofar as the same relate to medical report dated 09.08.2023, the same being a matter of record do not call for a specific rebuttal from the answering respondent.

52. That in reply to the contents of paragraph No. 38 of the affidavit, in submitted that the diseases mentioned in the first four lines of the p under reply, cannot be said to be such serious so as to justify enlargement of the applicant on bail. For the ailments described in first four lines of the para under reply the applicant, is being g adequate medical assistance in the Jail Hospital itself."

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"34. This Court vide order dated 23.11.2023 keeping in view the deteriorated medical condition of the applicant had directed Director, SGPGI, Lucknow to submit a report regarding medical condition of the applicant and also whether necessary facility of his treatment is available in SGPGI. The said report was directed to be submitted within three weeks and it was also directed that if applicant's presence before the doctor is advised, the applicant shall be produced before the doctor concerned in judicial custody for the purpose of his proper treatment.

35. In compliance of the aforesaid order State has filed supplementary affidavit dated 20.12.2023 enclosing therewith the letter of Director, SGPGI, Lucknow dated 19.12.2023 along with the report of Medical Board constituted under the orders of this Court.

The relevant part of this Report is reproduced as under:-

"His recent consultation: (dated 13.07.23, 27.7.2023, 26.10.2023 at Sir Sunderlal Hospital, Banaras Hindu University and on 10.07.2023, 18.07.2023 and 30.08.2023 at SRN Hospital Pryagraj) have been for the complaints of headache, memory loss, tremors in hands, palpitations, tinnitus, vertigo and atypical chest pain. His Neurological examination performed at BHU shows normal higher mental functions and normal neuroligical examination except for positive straight leg raising test (SLR,

reverse SLR) that can be related to his old problem of degenerative lumbar spine. A cranial CT scan was normal. However, he had high blood pressure recordings documented on more than one occasion. The evaluation for secondary causes of high blood pressure has shown normal renal functions, normal renal Doppler and normal contrast enhanced CT scan (CECT) of abdomen. He was suspected for pheochormocytoma (neuroendocrine tumor that may produce hypertensive emergencies) due to high levels of urinary vanillylmandelic acid (VMA) His CECT thorax did show few soft tissue density in right lung parenchyma. He was advised to get a PET scan for evaluation of any possible malignant tumor.

Medical board is of the opinion that Shri Atul Rai requires further evaluation of secondary causes of hypertension in view of high urinary VMA levels, hypertension and right lung nodules (soft tissue densities). He is suffering from multiple chronic problems for which he has been advised conservative treatment."

This report clearly suggest that apart from suffering from other medical illness the applicant is also suffering from suspected Phaeochromocytoma, a tumor which may produce hypertensive emergencies due to high level of urinary vanillylamndelic (Acid) (VMA) and CECT Thorax and CECT Thorax reveals some soft tissue density in right lung parenchyma and he was advised to get PET Scan for evaluation of any possible malignant tumor. It is categorically observed by the Board that applicant is suffering from multiple chronic problems.

36. On 02.01.2024 supplementary affidavit was filed by the State enclosing therewith the copy of letter dated 30.12.2023 written by Medical Superintendent of Nail Jail to Senior Superintendent of Jail, Central Jail Naini, Prayagraj, in response to a letter written to him by C.M.O., Prayagraj with regard to issuance of a certificate pertaining to the treatment of applicant at AIIMS, New Delhi with regard to the diagnosis of disease Phaeochromocytoma)/paraganglioma ( Malignant) mentioning that a certificate is required to the effect that the applicant may not be treated at any hospital or medical facility in Uttar Pradesh so that necessary permission may be obtained from Director General of Prisons, Uttar Pradesh for the treatment of applicant at AIIMS, New Delhi. In this letter (of date 30.12.2023) complete list of the ailments of the applicant has been given and it is stated that applicant has been treated at SRN Hospital, Prayagraj for complaint of vertigo/nausea/tinnitus/headache/hand and feet jerk/tremor of hand/ memory loss Parkinson and that he has been advised complete bed rest and in compliance of order of this Court dated 23.11.2023, it is stated that for sending the applicant to SGPGI, Lucknow for the purpose of PET Scan for evaluation of any malignant tumor Dr. Shivendra Pratap Singh, ENT specialist at Swaroop Rani Nehru/Moti Lal Nehru Medical College, Prayagraj was consulted and his concurrence/fitness was asked by sending a letter and he has informed vide letter dated 30.12.2023 that in pursunace of the medicines given to the applicant for treatment of vertigo, applicant is advised not to travel."

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"39. Noticing above reports, this Court on 08.01.2024 after consideration all the previous medical reports of the applicant opined that the PET Scan of the applicant is necessary for evaluation of any possible malignant tumor and directed to get the PET Scan of the applicant done as soon as possible at SGPGI, Lucknow and also to review applicant for other ailments with consequential direction to the Director, SGPGI, Lucknow to submit a comprehensive report in this regard. It was also provided that if applicant is not in a position to travel, in that scenario he shall be evaluated by a team of doctors constituted by C.M.O. Prayagraj and the case was directed to be listed on 18.01.2024."

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"48. The kind of ailments with which the applicant is suffering from are really life threatening and needs immediate redressal. Therefore, this Court without going into the merits of the case and only on a limited point that the applicant may get suitable evaluation of his disease including various tests advised by different experts, is inclined to grant interim bail to the applicant on medical grounds."

9. It is in the aforesaid backdrop that the learned counsel for the applicant has urged that there is a consistent deterioration in the medical condition of the applicant. Even while he was on interim bail, no clear diagnosis or the PET Scan could be done despite the applicant having visited AIIMS at New Delhi.

10. It is further urged that the applicant, who is suffering for severe ailments cannot be a risk either for the witnesses nor the applicant can tamper with the evidence. All other co-accused have been enlarged on bail while the applicant is suffering and he is entitled for regular bail so that he can get himself treated appropriately and properly in specialized hospital including at AIIMS where he is required to go for a follow up and check ups at regular intervals including for his PET Scan.

11. Learned Additional Advocate General has opposed the aforesaid bail application and has submitted that apparently this is the third bail application while earlier two bail applications of the applicant were dismissed on merits. There are no new circumstances which could be urged by the applicant, hence, the attempt to get into the merits would not be useful as the ground regarding the co-accused having been granted bail and that the applicant had been acquitted by the trial Court, all these grounds have been considered while rejecting the first and second bail application of the applicant. Hence, the applicant is precluded from raising the said issue once again in this third bail application.

12. It is further submitted that insofar as the medical condition of the applicant is concerned, the same can be taken care of while the applicant is in custody and if required he can be taken to the appropriate hospital in judicial custody and the State is ready and has always been willing to provide the necessary medical attention and care.

13. It is also urged that some specialized hospitals such as Sanjay Gandhi Postgraduate Institute of Medical Science, King George's Medical University, Ram Manohar Lohia Hospital are available in Lucknow where the applicant can be appropriately treated. Even if the applicant wishes to get himself examined at a hospital of his choice, the city of Lucknow does have advance medical facilities in the private sector such as Medanta Hospital and Apollo Hospital who are also providing specialized health care.

14. It is further urged that if at all the medical condition of the applicant warrants then he can also be taken to the hospital at Lucknow and even at Delhi in judicial custody where he can be treated.

15. It has also been submitted by the learned Additional Advocate General that while the applicant was granted interim bail, the Court had imposed certain conditions in its order dated 29.01.2024 inter-alia that the applicant shall inform the SHO of the Police Station Hazratganj in writing of his mobile phone number which will remain available with him all the time and he will also remain available on this mobile number, all the time.

16. It is submitted that though the applicant has been on interim bail since 29.01.2024, yet the aforesaid condition has not been complied with till 07.05.2024 i.e. till today. A copy of the report by the SHO, Police Station Hazratganj has given this report and a copy which has been provided to the Court for perusal and the same is placed on record.

17. In the aforesaid circumstances, where the applicant has a history of more than 22 cases to his credit and many of them are relating to serious offences, hence, the applicant, who is enjoying the interim bail since 29.01.2024, yet could not be get himself properly checked up nor could he bring on record documents of his PET Scan.

18. It is also urged that the applicant had filed a petition under Section 482 Cr.P.C., before a Coordinate Bench of this Court wherein by means of the order dated 26.06.2023 passed in Application U/S 482 CR.P.C. No.5495 of 2023, the proceedings of the trial Court has been stayed, as a result, the trial cannot proceed and on the other hand citing medical reason, the applicant is on interim bail. In the aforesaid backdrop, the interim bail of the applicant deserves to be revoked and the third bail application be rejected.

19. It is also urged that once the order granting interim bail was passed by a Coordinate Bench of this Court dated 29.01.2024, thereafter, the applicant assailed the same before the Apex Court, however, later, the special leave petition filed by the applicant was withdrawn on 26.04.2024. The said order has been brought on record along with the supplementary affidavit filed by the applicant.

20. Hence, for all the aforesaid reasons, despite the medical condition of the applicant which can be very well treated at Lucknow, the application for bail deserves to be rejected. Moreover, there is no current medical report which indicates that the applicant cannot be treated at Lucknow. There is a speculation that in order to extend his interim bail, the applicant has deliberately prolonged his PET Scan at AIIMS at New Delhi which otherwise could have been done by now and even otherwise it can even be done at Lucknow. Hence, for all the aforesaid reasons, the bail application be dismissed.

21. The Court has considered the rival submissions and also perused the material on record.

22. Apparently from the earlier order dated 29.01.2024 which encapsulates the proceedings held earlier including it notices the medical condition of the applicant. This Court prima-facie finds that there are super specialty hospitals at Lucknow like Sanjay Gandhi Postgraduate Institute of Medical Science, King George's Medical University, Ram Manohar Lohia Hospital where adequate and efficacious medical treatment can be given to the applicant and if the applicant so wishes he can be treated on his own expenses at Medanta Hospital as well as Apollo Hospital which are also in Lucknow, in the private sector.

23. The record further indicates that the Medical Board which was constituted under the orders passed by aa Coordinate Court considering the medical condition of the applicant, he was found suffering from multiple chronic problems for which he was advised conservative treatment. There was no material pointed out to this Court that the applicant cannot be treated at Lucknow at any of the hospitals mentioned above.

24. The applicant can be treated and as suggested by the State that they are ready and willing to get the applicant treated at the super specialty hospitals and if required then at private hospitals and even if required the applicant can be taken to the said hospital at regular intervals for his check up and follow up and if required even get him admitted for treatment which can be done under judicial custody.

25. Hence, taking an overall view, this Court finds that a direction can be issued to the State to ensure proper and prompt medical attention is provided to the applicant at the multi-specialty hospitals available in Lucknow where the applicant can be treated appropriately. The applicant shall be examined by a doctor regularly in the jail and whenever it is found that the applicant has to go for his further medical examination or follow up or for any test or check up or for his treatment which is to be done in a super specialty hospitals then the State shall ensure to take the applicant for such treatment and medical examination, even if at all, it is required in AIIMS at New Delhi. In case, the State does not take proper care and attention while the applicant is in judicial custody then the applicant shall be at liberty to move a fresh application.

26. Considering the facts and circumstances as noticed above including the nature of ailment, number of cases against the applicant, the accusations leveled against the applicant, the severity of punishment if the applicant is convicted, hence, this Court is not inclined to extent the interim bail. The applicant is directed to surrender within ten days from today and the bail bonds and sureties submitted by the applicant while being enlarged on interim bail vide order dated 29.01.2024 shall stands discharged and the instant bail application shall stand rejected subject to the aforesaid directions and observations.