Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures BA1/ 1785/ 2024 Ms. Sheetal Selwal, learned Legal Aid Counsel for the applicant.

2. Mr. Akshay Latwal, learned AGA for the State.

3. Applicant- Vicky Balmiki, who is in judicial custody in connection with Case Crime/FIR No. 326 of 2023, under Sections 8/22 of the N.D.P.S. Act, 1985, registered at Police Station Banbhoolpura, District Nainital, has sought his release on bail.

4. Heard learned counsel for the parties and perused the material available on record.

5. On 21.04.2025, learned State counsel was directed by this Court to contact Jail Superintendent of District Jail, Nainital and seek a report regarding the fact whether the applicant is HIV positive or not?

6. Today, learned AGA Mr. Akshay Latwal, submits that the fact has been verified from the Medical Officer of District Jail, Nainital and according to his report dated 22.04.2025, the applicant is HIV positive.

7. Since the applicant is suffering from a contagious disease, other inmates are also at risk. Therefore, it will be better to release the applicant from incarceration.

8. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage.

9. Accordingly the bail application is allowed.

10. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.

(Alok Mahra, J.)

23.04.2025 Kaushal