Tripura HC grants conditional bail to HIV-positive accused in NDPS case

Agartala (Tripura) [India], July 8 : The single bench of Tripura High Court headed by Justice Arindam Lodh granted bail to the accused person due to a positive result of an HIV test. He was arrested under NDPS (Narcotic Drugs and Psychotropic Substances) charges.
"The bail was granted to the accused due to HIV positive in a medical test during judicial custody," the court order pointed out.
The order was passed on Friday.
"I have considered the submission of learned counsel as well as the fact that the accused has been suffering from HIV positive. I have kept in mind the rigors of Section 37 of the NDPS Act. In my opinion, as the accused has been found to be HIV positive, even though the jail authorities have claimed that adequate treatment will be provided to him., but, considering the condition of the accused, he deserves the benefit of granting bail since he is entitled to lead a life with all dignity in an environment that would be congenial to him, and needless to say, it is not possible in jail," the order reads.
The court also hoped that the accused would not indulge in contraband trade in view of his health condition.
"Furthermore, since the accused has been suffering from HIV, it is my reasonable belief that the accused will not involve himself in the trading of any contraband articles in future. On such belief, I am inclined to release the accused on bail," the order added.
However, the High Court has also prescribed some conditions which are required to be adhered to by the accused to stay out of jail.
"The Accused will not abscond or temper with the evidence or witnesses. He shall cooperate with the process of investigation as and when necessary by the Investigating Officer. He shall make himself available to the court as and when will be summoned by the court during the course of trial. The accused shall not leave the jurisdiction of the Ld. Special Judge, West Tripura without prior permission of the said Court," the order reads.
"Accordingly, the accused, namely, Shri Nikhil Sarkar is released on bail on furnishing a bail bond of Rs. 1,00,000/- (Rupees one lakh) with one surety of like amount to the satisfaction of learned Special Judge, Court No.4, West Tripura, Agartala," said the court order.
The accused was arrested on April 24, in connection with the Lefunga police station case. He was detained in police custody from April 14 to June 26. Thereafter, he was sent to a judicial custody.
During judicial custody, the accused tested HIV positive after which he was sent to the hospital for treatment, and accordingly, the doctors started his treatment.