Supreme Court orders Uttar Pradesh to free bailed undertrials

Court finds bail conditions trap poor prisoners

Of two hundred sixty-four undertrial prisoners allowed bail in twenty of Uttar Pradesh's seventy-five districts, only one hundred fifty-eight were released. One hundred six remained jailed, unable to afford bail bonds, cash security or sureties.

Justice Sundresh's bench sets the responsibility

A Bench headed by Justice M.M. Sundresh ruled that Uttar Pradesh bears the onus to ensure undertrial prisoners granted bail do not languish in jail due to inability to meet release conditions.

Data gap in fifty-five districts

Senior advocate Gaurav Aggarwal, the court's amicus curiae, noted that statistics from the other fifty-five districts of Uttar Pradesh on undertrial prisoners forced to stay in jails due to impoverishment were yet unknown.

Legal aid must help all prisoners equally

The court ruled that District Legal Services Authorities cannot deny assistance to undertrial prisoners with private lawyers who cannot meet bail conditions. Both categories face the same hurdle to freedom.

“There cannot be any differentiation between the undertrial prisoners who have the assistance of the District Legal Services Authority and those who have engaged private counsel.”

Poverty violates constitutional rights

Denying personal liberty to prisoners granted bail merely because they cannot afford imposed conditions violates their fundamental right to life under Article twenty-one of the Constitution.

Trial courts asked to modify bail terms

The apex court requested trial courts to modify bail conditions suitably to enable release of undertrial prisoners. The order applies across all seventy-five districts of Uttar Pradesh.

Case returns to court in January

The Supreme Court listed the suo motu case, In re policy strategy for grant of bail, for hearing in January twenty twenty-seven to continue addressing the issue.