SIKANDER FIRDOUS AHMAD AHANGER Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of the instant successive petition having been filed in terms of the provisions of Sec. 483 of the Bharatiya Nagarik Surashaa Sanhita, 2023 (hereinafter for short BNSS), bail on behalf of the petitioner/accused namely Sikander Firdous Ahmad Ahanger age about 35 years son of Abdul Rehman Ahanger R/o Bemina, Nund Reshi Colony Muslimabad, Srinagar has been sought in case FIR 18/2022 of P/S Batmaloo, Srinagar dtd. 8/2/2022, exclusively on the health grounds to the effect that he has been suffering from multiple severe ailments including Bipolar disorder and chronic Hepatitis "B" and "C" requiring isolation and immediate specialized medical care and treatment to save his liver failure.

(2.) It has been mentioned in the application that the petitioner/accused came to be arrested in the case FIR in question on 15/2/2022 and has remained in custody since then except for the period during which he was earlier granted interim bail on health grounds. That his subsequent application for extension of his medical bail came to be rejected by the learned trial court vide order dtd. 23/12/2025 and as such he is presently lodged in the Central Jail Srinagar. That he besides suffering from Bipolar disorder is also a documented case of Chronic Hepatitis "B and C" which is a life threatening disease having kept the petitioner/accused at high risk developing liver failure for want of complete medical surveillance and treatment. That he has been presently lodged in the Central Jail Srinagar and his Hepatitis "B and C" infection has put the other jail inmates at high risk of contracting infection. That the learned trial court rejected his bail application moved on health grounds vide order dtd. 23/12/2025 on the main ground of his being involved in highly anti-social offences punishable under the NDPS Act in relation to the commercial quantity. Commercial quantity of manufactured Narcotic/psychotropic Drug containing codeine as a constituent is alleged to have been recovered from his possession. That he is being taken off and on for his medical checkups to the Government SMHS Hospital, Srinagar and the doctors have been advising his immediate isolation. That he is in dire and immediate need of being kept in isolation as his health condition is wholly dependent upon timely and continuous medical intervention. That the continued incarceration of petitioner in Jail without the availability of the requisite and adequate medical care tent- amounts to the serious violation of his fundamental right to life guaranteed under Article 21 of the Constitution of India. That right to health is integral facet of the right to life. That the provisions of Sec. 37 of the NDPS Act do not operate a blanket ban on grant of bail. That the Crime Branch in its detailed enquiry report submitted on 19/1/2024 categorically concluded that the disability certificate issued in favour of the petitioner was not fake. That he has not made any similar bail application before the Hon'ble Supreme Court or in this Court. However, his earlier bail application for extension of his medical bail came to be rejected by the learned trial court vide order dtd. 23/12/2025 on the ground of seriousness of the charges against him That the latest health status report of the petitioner/accused called by the court confirms his Hepatitis B & C infection which is indeed a life threatening disease warranting immediate care and treatment for prevention of his liver failure.

(3.) I have heard the leaned counsel for the parties and considered their submissions.