Appellant charged under UAPA and IPC allowed to undergo surgery at private hospital in Delhi/NCR with strict conditions to prevent misuse of bail
In a significant interim order dated 17th September 2026, a Division Bench of the Delhi High Court comprising Justices Prathiba M. Singh and Vikas Mahajan granted interim custody bail to Farhan Ansar Suse, an accused charged under the Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC) for alleged involvement with ISIS and extortion activities. The Court permitted the appellant to undergo urgently required medical treatment, including surgery for an umbilical hernia, at a private hospital within the Delhi/NCR region.
The appellant, who has been in judicial custody for over two years and nine months, suffers from multiple medical conditions including umbilical hernia, bronchial asthma, and Type-II diabetes. Although the trial court had denied interim bail on the ground that the appellant was receiving treatment at a government hospital (Deen Dayal Upadhyay Hospital), the High Court recognized the appellant's right to seek treatment at a private medical facility at his own expense.
The charges against the appellant are grave, involving conspiracy with the late Saquib Nachan - a designated ISIS operative - to spread ISIS ideology, extort money from local businessmen in Maharashtra's Padgha village, and operate a network for ISIS fundraising. The prosecution alleges that the appellant collected large sums in cash and opened bank accounts under different names to further ISIS activities. The case is currently at the stage of arguments on charge.
Despite the serious nature of the allegations, the Court focused exclusively on the appellant's medical needs at this stage. However, it declined the appellant's request to undergo treatment in Bombay, citing concerns over his alleged network and influence in Maharashtra. Instead, the Court limited the medical treatment to private hospitals within the Delhi/NCR region.
The interim bail was granted for a period of 30 days, subject to stringent conditions designed to prevent any misuse of the privilege:
- The appellant must notify the jail superintendent of the private hospital chosen for treatment.
- Bail expenses will be borne by the appellant.
- The appellant may be accompanied by up to two immediate family members (spouse or children) during hospital admission.
- The appellant is prohibited from communicating with any other persons named in the chargesheet or any acquaintances, by any means, including mobile phones.
- Upon expiry of the bail period or when declared fit by the treating doctor, the appellant must return immediately to jail.
This order underscores the judiciary's balancing act between safeguarding the health rights of accused persons and the imperative to prevent potential risks posed by those charged with terrorism-related offences. The Court explicitly stated that its observations in this interim order will not affect other ongoing proceedings, including the pending appeal regarding the appellant's plea for pardon and writ petitions concerning his arrest.
The Delhi High Court's decision thus sets an important precedent on granting interim custody bail on medical grounds under the National Investigation Agency Act, while maintaining strict oversight to ensure the security and integrity of the investigation.
Bottom Line:
Interim custody bail granted for medical treatment at a private hospital in Delhi/NCR region, subject to specified conditions, for an accused charged under UAPA and IPC provisions for alleged involvement with ISIS.
Statutory provision(s): National Investigation Agency Act, 2008 Section 21(4), Indian Penal Code Sections 120B, 387, Unlawful Activities (Prevention) Act, 1967 Sections 13, 18, 18A, 20, 38, 39
Farhan Ansar Suse v. National Investigation Agency, (Delhi)(DB) : Law Finder Doc Id # 2980694
