Tripura High Court Grants Bail to Nikhil Sarkar Due to HIV Positive Test

The single bench of Tripura High Court, headed by Justice Arindam Lodh, has granted bail to Nikhil Sarkar, who was arrested under NDPS (Narcotic Drugs and Psychotropic Substances) charges, after he tested positive for HIV. The court order was passed on Friday.

Justice Lodh stated, “The bail was granted to the accused due to HIV positive in a medical test during judicial custody.” The court considered the submission of the learned counsel and the fact that Sarkar has been suffering from HIV. Despite jail authorities claiming adequate treatment would be provided, the court believed that Sarkar deserves to lead a dignified life in a suitable environment, which is not possible in jail.

The court also expressed hope that Sarkar would not engage in contraband trade due to his health condition. The order added, “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.”

However, the High Court prescribed conditions for Sarkar to adhere to while out on bail. These include not absconding, not tampering with evidence or witnesses, cooperating with the investigation, and making himself available to the court when summoned. Sarkar is also restricted from leaving the jurisdiction of the Special Judge, West Tripura, without prior permission.

According to the court order, “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.”

Sarkar was arrested on April 24 in connection with the Lefunga police station case. He was in police custody from April 14 to June 26, after which he was sent to judicial custody. During this time, he tested positive for HIV and was sent to the hospital for treatment.