The Delhi High Court has granted bail to an individual suffering from HIV-AIDS and other health issues on humanitarian grounds. The court observed that the accused requires a high level of care and treatment, which is unlikely to be provided in an overburdened jail system. The decision came after reviewing a medical status report submitted by jail authorities.
Justice Saurabh Bannerjee, who issued the bail order, highlighted the importance of humanitarian considerations, stating that the accused needs specialized medical attention that the prison environment cannot adequately support. The individual was arrested in connection with a drugs case under the NDPS Act in 2025.
In his ruling on May 9, Justice Banerjee remarked, “The Court is of the considered opinion that taking a humanitarian view, and without adverting to the other issues on merits, it is appropriate to grant the applicant regular bail.”
The court also acknowledged the dignity of the accused, who is involved in a serious case related to the recovery of 21 KG of Ganja from two individuals using his scooter. Justice Banerjee stated, “Though the applicant is an accused in a serious offence, this Court cannot lose sight of the fact that at the end of the day, the applicant is a human being, who is a patient suffering from HIV/ AIDS.”
He further emphasized, “The applicant has every right to breathe fresh air and receive due care in a precautionary environment for leading his life with dignity.”
The High Court’s decision was based on a thorough examination of the medical documents, which indicated that the applicant has been suffering from chronic ailments for an extended period. Justice Banerjee noted that the individual requires ongoing observation, supervision, and medication, which are not feasible in the current jail setting.
The accused’s legal counsel, Advocate Nishant Nain, argued for bail primarily on medical grounds, referencing a medical status report submitted on December 15, 2025, and additional documents filed on March 25, 2026. Nain pointed out that the applicant is battling serious health issues, including HIV/AIDS and Tuberculosis, necessitating continuous medical care.
He also cited previous cases where bail was granted to HIV/AIDS patients by the Supreme Court and the High Court of Odisha under similar circumstances.
