SC asks UP to identify undertrials granted bail but still in jail

New Delhi: The Supreme Court has directed the Uttar Pradesh government to identify all undertrial prisoners across the state who have been granted bail but remain in jail because they have been unable to fulfil surety requirements or other bail conditions.

A bench of justices M M Sundresh and Prasanna B Varale said the responsibility lay with the state to ensure that such prisoners were released. It clarified that the direction would apply irrespective of whether the accused had legal assistance from a District Legal Services Authority (DLSA) or had engaged private lawyers.

The court was informed that 264 undertrial prisoners across 20 districts of Uttar Pradesh had been granted bail but remained in custody for failing to meet the conditions imposed by trial courts. Of these, 158 have been released, while the state government said it would take an appropriate decision on the remaining 106.

In an order dated 4 November, the bench directed the state to undertake the exercise in consultation with the respective DLSAs.

The court was hearing a suo motu case concerning policy strategies for the grant of bail. During the proceedings, the counsel for the National Legal Services Authority (NALSA) said periodic reviews were being conducted every month with the active participation of DLSAs.

The petitioner's counsel pointed out that the available figures covered only 20 districts and that the exercise needed to be extended to the remaining 55 districts.

The bench said there could be no distinction between undertrial prisoners assisted by DLSAs and those represented by private lawyers, as both faced the same difficulty in complying with bail conditions.

"Merely because private lawyers were engaged, the assistance from the counsel of DLSA cannot be denied," the bench said.

It added that litigation should not be treated as adversarial in such circumstances and that legal services authorities could provide further assistance even when an accused person already had private representation.

"In any case, the onus lies on the State to make sure that these persons are released from custody," the bench said.

The Supreme Court also directed the concerned courts to consider cases brought to their notice by DLSAs and suitably modify bail conditions to facilitate the release of eligible prisoners.

The bench clarified that its directions would apply to undertrial prisoners across all 75 districts of Uttar Pradesh.

The matter has been listed for further hearing on 20 January.