The Orissa High Court has granted bail to a HIV-infected under trial prisoner (UTP) booked under Narcotic Drugs and Psychotropic Substances (NDPS) Act, stating that the “petitioner (UTP) is entitled to live with dignity in an environment congenial to him, which is not possible inside the jail”.

Earlier a lower court had rejected his bail application. The UTP had later moved the High Court annexing HIV profile medical documents and sought for regular treatment and monitoring.

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“As the petitioner is HIV+, even though the jail authorities have claimed that he is being extended proper treatment, the petitioner is also entitled to live with dignity in an environment in which is congenial to him, which is not possible inside the jail”, Justice Savitri Ratho stated in the order.

Considering the nature of ailment, he was not able to lead a normal life inside the jail, as the other inmates were avoiding contact with him, for which he was leading a secluded and miserable life in jail, the petitioner’s counsel informed the Court.

The counsel further submitted that under Section 437 of the CrPC, a sick or infirm person is entitled to be released on bail. “After considering the submission of the counsel, the decision of the Supreme Court and the provisions of the Act, the quantity of brown sugar seized from the petitioner who is admittedly HIV+ and under treatment, even though he has one criminal antecedent under the NDPS Act, I am inclined to allow his prayer for bail”, Justice Ratho concluded in the order pronounced recently.