Entitled to lead a life with all dignity; HC grants bail to the accused person who tested positive for HIV, Read Judgment

The single judge bench of the Tripura High Court granted bail to the accused arrested in connection with the case under Sections 20(b)(ii)(c)/21(C)/25/29 of the NDPS Act, 1985 on the ground that he tested positive for HIV. The court holds that he is entitled to lead a life with all dignity in an environment that would be congenial to him.

Brief facts

The factual matrix of the case is that the accused was arrested in connection with the case registered for the offenses under Sections 20(b)(ii)(c)/21(C)/25/29 of the NDPS Act, 1985. Initially, the accused was detained in police custody, and later on when he was sent to judicial custody, the accused tested HIV positive. Then, he was sent to the hospital for treatment.

Contentions of the State

The state submitted that the doctors opined that the condition of the accused is outstanding and he is responding to the treatment.

Observations of the court

The Hon’ble court observed that the accused person tested positive for HIV and 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 court furthermore noted that as now he has tested positive for HIV, he will not involve himself in the trading of any contraband articles in the future.

Based on these considerations, the court granted bail to the accused.

The decision of the court

With the above direction, the court allowed the bail application.

Case Title: Archana Das Sarkar V. The State of Tripura

Coram: Hon’ble Mr. Justice Arindam Lodh

Case NO.: BA 35 of 2024

Advocate for the Applicant: Mr. J. Bhattacharjee, Advocate Mr. Sajib Ghosh, Advocate

Advocate for the Respondent: Mr. S. Ghosh, Addl. P.P

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