Iqbal Ahmed Ansari, J.

1. This appeal, made under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as 'the NIA Act'), has arisen out of an order, dated 02.05.2012, passed in Misc. Case No. 04/2012, arising out of Special NIA Case No. 01/2010, under Sections 120B and 121A IPC read with Sections 17, 18, 20 and 21 of the Unlawful Activities (Prevention) Act, 1967, by the learned Special Judge, Guwahati, rejecting the present appellant's prayer for bail. We have heard Mr. M.G. Singh, learned counsel, appearing for the appellant, and Mr. D.K. Das, learned Standing counsel, NIA.

2. It is submitted, on behalf of the NIA, that having collected the materials against the appellant, the NIA has filed a charge-sheet and the learned Special Court has already framed charges under Sections 120B and 121A read with Sections 17, 18, 19, 20 and 21 of the Unlawful Activities (Prevention) Act, 1967.

3. The basic ground for seeking bail by the appellant has been his illness inasmuch as the appellant has been suffering from Hepatitis C infection coupled with other connected infections, liver problem, HIV status and, presently, ART second line treatment and he has also undergone EVL operation in order to prevent bursting of Esophageal varice.

4. Having taken into account the state of the appellant's illness, a Division Bench of this Court, while dealing with the present appeal, allowed the appellant to go, on interim bail, subject to the conditions imposed by the Court. The relevant observations, made by the Division Bench in its order, dated 19.06.2012, and the directions given therein, are re-produced below:-

12. Noticeably, the NIA had not disputed the illness form which the appellant asserts that he is suffering from. The medical documents accompanying the memorandum of appeal seek to demonstrate that he is presently a prey to multiple virulent diseases requiring intensive and constant medical attention. The medical certificates laid with this Court exhibit that he is suffering from intricate diseases of liver and heard together with HIV infection and thrombocytopenia, hypoalbumina and has been advised complete bed rest, free from stress and strain. That he had been subjected to EVL for Esophageal varices grade 3 is also evident. Though, the NIA in its affidavit has maintained that the appellant is being provided with the necessary medical treatment and that the Doctors have not advised that he needs to be shifted or be lodged in a homely environment no written opinion to the effect has been produced before us. On a cumulative consideration of the ailments from which he is suffering and the extensive and rigorous treatments which he is undergoing on day to day basis, we are inclined to sustain his plea albeit for a limited duration of time to facilitate his stay in a more comfortable, friendly and soothing environment, amongst his family members and relatives as desired by him. This draught of limited liberty, we construe, accords with his right to life under the Constitution. On being queried by us, the learned Standing Counsel, NIA could not provide us with any material to anticipate and/or opine that in this macabre state of health, if the appellant is allowed to be on interim bail for a limited period of time he would abuse the liberty and would either intimidate or influence the witness or flee from justice.

13. In the above view of the matter, in the singular facts and circumstances of the case and on an exclusive consideration of the present health condition of the appellant, we feel inclined to grant interim bail to him presently for a period of one month form today. This liberty, however, would be subject to the following conditions:-

(i) He would be released on interim bail on the production of two sureties of an amount of Rs. 50,000/- each, to the satisfaction of the learned trial Court.

(ii) The appellant would make himself available to the NIA as well as the learned trial Court as and when require