The court considered whether the conditions for granting bail were present to enable the court to release the applicant on bail pending trial and disposal of the case against applicant. Court held that conditions for granting bail to the accused were absent in his application. Court was not satisfied by the application given the fact that it did not prove his HIV positive status could not be taken care of in prison moreover he was not suffering from AIDS as yet and the sureties presented before court were found not substantive. The case involved was found to be a grave offence and even though the applicant enjoyed the right of being presumed innocent bail could not be granted to him given the above circumstances.

Accordingly on the above argument court denied the applicant bail pending hearing and complete trial of the case as applied for.