JUDGMENT Sureshwar Thakur, J. (Oral) - Through the instant bail-application, cast, under the provisions of Section 439 Cr.P.C., 1973 the bailapplicant/ accused seeks an order form this Court, for, his being released from judicial custody, wherein he is extantly lodged, in case RC 09(S)2017/SC-1, CBI, New Delhi, of, 22.7.2017, registered at Police Station CBI ACB Branch, Shimla, H.P. 2. At the very outset, it is clarified that this Court would only swell upon, and, mete an adjudication, vis--vis, the necessity, or otherwise, of, the continuance in judicial incarceration, of the bail applicant, given his being thereat beset with severe ailments, and, qua whether the apposite ailments are amenable, or unamenable for, alleviation hence during his incarceration. 3. For determining the aforesaid factum, it is necessary, to allude, to pronouncement(s) made by the duly constituted Medical Board, as are embodied, in Annexure R-2. The afore board rendered its opinion, on 12.6.2018, and, has communicated therein that the bail-applicant, is, required to be treated for Tuberculosis, and, apart therefrom, the Medical Board, has, in paragraphs, 3, 4 and 5, also articulated, the, other ailments besetting the bail-applicant, during, the course of his incarceration, paragraphs whereof, are extracted hereinafter:- "3. The patient presented in the emergency deptt. Of IGMC Shimla on 31.10.2017 midnight with complaints of Left Flank pain. Investigations i.e. Ultra Sound abdomen and NCCT KUB region revealed the presence of Urinary Tract Infaction (UTI). He was treated with appropriate antibiotics and analgesics. He had frequent reoccurrence of UTI as per positive Urine Culture reports dated 14.12.2017, 23.2.2018, 10.5.2018 and 5.6.2018. He required repeated courses of antibiotics. The fresh NCCT KUB dated 5.6.2018 revealed that Left Renal Calculus has passed out but Urine Culture showed persistence of UTI. Appropriate antibiotics have been advised for the UTI. For his reoccurred UTIs he is advised to have plenty of oral fluids, to maintain healthy life style and to maintain good personal and toilet hygiene. 4. As per Medical records he has been undergoing treatment from orthopedic deptt. Of DDUZH Shimla since 20th February, 2018 for PIVD and Cervical Spondylyts. He remained admitted in DDUZH Shimla for these complaints w.e.f. 24.4.2018 to 2.6.2018. Pelvic traction was applied there and he was advised physiotherapy. On 5.6.2018, MRI Lumber spine was advised by consultant Neurosurgeon at IGMC Shimla for Spinal Problems and it was done on 8.6.2018. Of DDUZH Shimla since 20th February, 2018 for PIVD and Cervical Spondylyts. He remained admitted in DDUZH Shimla for these complaints w.e.f. 24.4.2018 to 2.6.2018. Pelvic traction was applied there and he was advised physiotherapy. On 5.6.2018, MRI Lumber spine was advised by consultant Neurosurgeon at IGMC Shimla for Spinal Problems and it was done on 8.6.2018. MRI revealed Facet Joint arthropathy at L5-S1 and L4-L5 levels along with mild disc bulge at L4-S1 level without any neural foramina narrowing. For his spinal problems he is advised to avoid forward bending, weight bearing and squatting to prevent the aggravation of the symptoms. 5. The patient was diagnosed as having Sinusitis at DDUZH Shimla. As per record available, on 9.6.2018, he was also examined by ENT specialist at IGMC Shimla and was diagnosed as having DNS with Rhinopharyngitis." Thereafter also, a, Medical Board was reconstituted, and, after examining the bail-applicant, it hence made its report, on 21.6.2018, with a recommendation, therein qua the continuance in judicial custody of the bail-applicant, being only subject, to, the hereinafter reflected conditions:- "1. Whether a balanced and high fiber diet can be provided to prevent constipation and aggravation of anal fissure. 2. Whether facilities of Zietz bath can be provided for relief of symptoms of fissure. 3. Whether any strenuous activity by the petitioner can be avoided to prevent the aggravation of his spinal problems. 4. Whether a clean toilet with in an English type seats can be provided to the patient to prevent the recurrent UTI and aggravation of his spinal problems." 4. However, the learned counsel for the bail-applicant has placed, on record, the subsequent thereto resume(s), of, the medical ailments, of, a severe criticality rather befalling the bail-applicant. He further submits, that, hence there through, vis--vis, all the afore ailments hence besetting the bail applicant, an inference, is, squalled qua rather theirs'' standing evidently aggravated, during his judicial incarceration, (a0 and, further submits, that, dehors the submissions of the learned counsel for the CBI, that, the afore ailments are amenable for re-mediation, even at the toilet concerned, maintained within the jail premises, (b) yet, with the afore mentioned record, rather exemplifying, qua, there being aggravation rather than diminution, in, the medical condition of the bail-applicant, hence the continuance, of, the bail-applicant, in judicial custody, would not be appropriate. 5. 5. Be that as it may, the afore submissions made before this Court, by the learned counsel for the bail-applicant, qua, since, his being subjected to judicial incarceration, his, hence being encumbered with critical diseases, and, the afore diseased also multiplying, and, also accelerating, are, obviously borne from the afore referred report, of, the medical board, and, from the afore apposite medical resume(s), (i) thereupon for mitigating the ailments besetting him, and upon his being subjected, to, judicial incarceration, importantely, when the prevalence, of, hygienic conditions, is, otherwise, of, utmost importance besides, of, the throughout personal attendance, upon the bail-applicant, of, his family, and, when both afore amenities may not be available hence within the jail, (ii) thereupon, for, ensuring the mitigation, of, the severity, of, diseases befalling upon the bail-applicant, thereupon this Court is constrained to allow the bail application. 6. The afore observations are supported by the pronouncements, rendered, by the Coordinate Benches of this Court upon Cr.MP(M) No. 1371 of 2018, decided on 24.10.2018, upon, Cr.MP(M) No. 1372 of 2017, decided on 16.11.2017, and, upon Cr.MP (M) No. 1055 of 2016, decided on 20.10.2016, thereupon also this Court is further constrained to grant the facility of indulgence of bail to the bail-applicant. 7. Moreover, when no material, has been placed on record, by the prosecution, demonstrating that the event of bail being granted to the petitioner/bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the petitioner/bail applicant. Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following conditions:- i) That he shall furnish personal bond in the sum of Rs. 5,00,000/- with three sureties in the like amount, to the satisfaction of learned Special Judge, concerned. ii) That he shall join the investigation, as and when required by the Investigating agency. iii) That he 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 the Police. iv) That he shall not leave India without the prior permission of the Court. v) That he shall deposit his passport, if any, with the Police Station, concerned. iv) That he shall not leave India without the prior permission of the Court. v) That he shall deposit his passport, if any, with the Police Station, concerned. vi) That upon his re-indulging in crime, thereupon the State is at liberty for motioning this Court, for cancellation of bail. vii) . That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody. 8. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.