SC directs UP to identify undertrials languishing in jail despite being granted bail

The Supreme Court has directed the Uttar Pradesh government to identify undertrial prisoners across the state's remaining 55 districts who continue to remain in jail despite being granted bail because they have been unable to fulfil bail conditions, including furnishing sureties. The exercise must be conducted in consultation with the respective District Legal Services Authorities (DLSAs), with the Court making it clear that assistance must be extended irrespective of whether a prisoner is represented by a private lawyer or has received legal aid.

A bench comprising Justice MM Sundresh and Justice PB Varale issued the directions while hearing a suo motu case concerning undertrial prisoners who remain incarcerated despite securing bail because of their inability or unwillingness to comply with conditions imposed by trial courts.

The bench emphasised that the exercise cannot be treated as adversarial litigation in which assistance is restricted only to prisoners who have approached the National Legal Services Authority (NALSA) or received support through legal aid.

"This direction shall be applicable even to those under-trial prisoners who could not comply with the bail conditions, despite the fact that they have engaged the private lawyers. There cannot be any differentiation between the under-trial prisoners, who have the assistance of District Legal Services Authority and those who have engaged private counsel," the court observed.

106 prisoners remain in jail despite bail

During the proceedings, the court was informed that 264 undertrial prisoners across 20 districts of Uttar Pradesh had been granted bail but were unable to secure their release because they could not furnish sureties or meet other conditions imposed by the trial courts.

Senior advocate Pradeep Mishra, appearing for the Uttar Pradesh government, informed the bench that 158 of these prisoners had been released, while the remaining 106 were yet to be freed.

The court was also told that the figures covered only 20 districts and that a similar exercise was yet to be undertaken in the remaining 55 districts of the state. Uttar Pradesh has 75 districts in total.

NALSA informed the bench that periodic reviews were being conducted every month with the active participation of the respective DLSAs. Cases that had not yet been addressed would be included in the meeting scheduled for the following month, explaining why 106 prisoners continued to remain in custody.

Following these submissions, the bench directed the state government to identify all eligible undertrials across the remaining districts in consultation with the respective DLSAs.

Private lawyers cannot be a reason to deny legal assistance

The Supreme Court specifically clarified that prisoners who have engaged private lawyers must also be included in the exercise. It said there could be no distinction between those receiving assistance from the DLSA and those represented by privately engaged counsel when both categories face the same difficulty in complying with bail conditions.

The bench observed that merely because an accused has engaged a private lawyer, assistance from the DLSA cannot be denied. It added that legal services authorities could extend further assistance to prisoners even when they already have legal representation.

The court said the objective was to ensure that all prisoners who had secured bail but remained incarcerated because of their inability to meet the conditions received the necessary assistance.

State responsible for ensuring release

The bench also placed the responsibility for securing the release of such prisoners on the Uttar Pradesh government.

It requested the concerned trial courts to take up cases identified by the respective DLSAs and consider suitably modifying bail conditions wherever necessary to facilitate the prisoners' release.

"In any case, the onus lies on the State to make sure that these persons are released from custody. We also request the concerned Courts to take up those cases which were brought into notice by the respective District Legal Services Authorities and modify the condition(s) suitably, so that the under-trial prisoners can be released accordingly," the bench said.

The proceedings form part of the Supreme Court's continuing suo motu case, titled 'In Re: Policy Strategy for Grant of Bail', which examines systemic issues surrounding the implementation of bail orders and the continued incarceration of undertrial prisoners.

The issue had also featured in a NALSA report submitted in 2023, which identified around 5,000 undertrial prisoners who remained in jail despite being granted bail. Of these, 2,357 had received legal assistance, while 1,417 had subsequently been released.

The latest directions seek to address the continuing problem by ensuring that prisoners are not denied their liberty simply because they cannot afford or arrange sureties or fulfil other bail conditions. The matter is scheduled to be taken up again on January 20, 2027.