The Supreme Court has directed the Uttar Pradesh Government to take steps to ensure the release of undertrial prisoners who have already been granted bail but continue to remain in custody due to their inability to fulfil bail conditions. The direction extends across all 75 districts of the state and also covers prisoners represented by private lawyers.
Background
During the hearing, the petitioners' counsel informed the Court that 264 undertrial prisoners across 20 districts had been granted bail but could not secure their release because they were unable to fulfil the conditions imposed by the concerned trial courts.
The State of Uttar Pradesh informed the Bench that 158 of these prisoners had been released, while decisions concerning the remaining 106 were still pending. NALSA also submitted that monthly reviews were being conducted with the participation of District Legal Services Authorities.
The Bench of Justice M.M. Sundresh and Justice Prasanna B. Varale made it clear that assistance from District Legal Services Authorities (DLSAs) should not be restricted to prisoners who do not have private legal representation.
The Court observed:
"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."
It further explained that prisoners facing similar difficulties in meeting bail conditions should receive equal assistance, regardless of whether they have engaged private lawyers.
The Court also emphasised:
"Merely because the private lawyers have been engaged, the assistance from the District Legal Services Authority counsel cannot be denied."
The Court directed the Uttar Pradesh Government to conduct the exercise in consultation with the respective District Legal Services Authorities for prisoners who have obtained bail but remain in custody due to non-compliance with bail conditions.
It further requested the concerned courts to consider cases brought to their attention by DLSAs and suitably modify bail conditions wherever required.
The Bench stressed that the responsibility of ensuring the release of such prisoners ultimately rests with the State.
The matter has been listed for further consideration on January 20, 2027.
Case Details
Case Title: In Re: Policy Strategy for Grant of Bail
Case Number: Suo Motu Writ Petition (Criminal) No. 4/2021
Judge: Justice M.M. Sundresh and Justice Prasanna B. Varale
Decision Date: November 4, 2026
