UP Undertrials Granted Bail but Still in Jail: Supreme Court Order
Prisoners who cannot arrange sureties or meet bail terms may now be traced and freed, district by district, with the State held responsible.
Image: Subhashish Panigrahi / Wikimedia Commons (CC BY-SA 4.0)
The Supreme Court has ordered the Uttar Pradesh government to identify every undertrial prisoner in 55 districts who has been granted bail but is still in jail because the bail conditions, such as sureties, have not been met. A bench of Justice MM Sundresh and Justice PB Varale passed the direction in its suo motu case on bail policy, according to the order dated 4 November and reported by LiveLaw on 9 November. The court said “the onus lies on the State” to secure their release.
Free Legal Help Not Required to Qualify
The exercise covers all such prisoners, whether or not they have a private lawyer or help from a District Legal Services Authority (DLSA). The State must carry it out with the DLSAs. Trial courts have been asked to take up the cases the authorities flag and change the bail conditions where needed so that the prisoners can walk out.
264 Bailed, 106 Still Inside
The court was told that in the 20 districts for which data was available, 264 undertrials had been granted bail. Of them, 158 were released and 106 remained in custody. The National Legal Services Authority (NALSA) has not yet done the exercise in the 55 districts now covered. A 2023 NALSA report had found about 5,000 undertrials in jail despite bail orders; 2,357 of them received legal assistance and 1,417 were released.
Also read Bonded Labourers: Supreme Court Sets 7-Day Aid Deadline After Release
The case is In Re: Policy Strategy for Grant of Bail, Suo Motu Writ Petition (Criminal) No. 4 of 2021. Senior Advocate Gaurav Agarwal is the amicus curiae and Senior Advocate Pradeep Mishra appeared for Uttar Pradesh. Earlier directions in the case say that if bail bonds are not furnished within a month, the trial court may take up the matter on its own and consider relaxing the conditions.
No Deadline Reported Yet
The report of the order does not mention a deadline for Uttar Pradesh or a next hearing date. IPB has covered related Supreme Court rulings on liberty, including the 24-hour rule for producing a detained person before a magistrate and the Rs 6 lakh compensation for wrongful imprisonment in Uttar Pradesh. More orders from the court are collected under the Supreme Court tag.
Source: Based on reporting by LiveLaw, which links the 4 November order.
Image: Subhashish Panigrahi / Wikimedia Commons (CC BY-SA 4.0).
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