HC grants bail to HIV+ prisoner on medical grounds

Dehradun: Uttarakhand high court has ordered the release of an HIV positive prisoner on bail after considering his deteriorating health condition and the lack of adequate medical facilities for such patients in the jail.In his bail plea, the prisoner said proper and timely medical treatment, including the provision of essential medications and constant monitoring, was not being provided in prison. He also stated that patients like him require specialised care and non-stop medical management, which may not be adequately provided in a prison, and any lapses could adversely impact their health.
After taking into account the specific medical condition of the prisoner, the single bench of Justice Ashish Naithani on Thursday said that, "at this stage, sufficient grounds exist for granting bail on medical grounds." "Accordingly, bail application is allowed," said the HC bench.The inmate has been serving a 10-year prison term in a 2017 attempt to murder case after the district court in Udham Singh Nagar pronounced him guilty in 2019. The inmate's lawyer submitted that his client was earlier diagnosed with HIV (AIDS) and that was receiving treatment, and since his conviction and imprisonment, his medical condition started deteriorating further. On Jan 3, on HC's direction, the state furnished a medical report in court, mentioning that the prisoner was being provided proper and adequate medical treatment and that his medical requirements were being duly attended to. The counsel for the state also submitted that the inmate was referred to a higher medical centre, wherever required.