Representational Image. (IANS Photo)
New Delhi, November 6 (IANS): The Supreme Court has directed the Uttar Pradesh government to undertake an exercise to identify and facilitate the release of under-trial prisoners who have been granted bail but continue to remain in custody due to their inability to fulfil the bail conditions, including furnishing sureties.
A Bench of Justices M.M. Sundresh and Prasanna B. Varale, hearing the suo motu case titled 'In Re: Policy Strategy for Grant of Bail', was informed that 264 under-trial prisoners across 20 districts of Uttar Pradesh had secured bail but could not walk out of prison for want of sureties and compliance with other conditions imposed by the trial courts.
The state government informed the apex court that 158 of these prisoners had been released, while a decision was yet to be taken regarding the remaining 106.
Taking note of the submissions, the Justice Sundresh-led Bench directed the state government to undertake the exercise in consultation with the respective District Legal Services Authorities (DLSAs), and extend assistance to all eligible under-trial prisoners who continue to remain behind bars despite being granted bail.
In its order, the Supreme Court clarified that the benefit of legal assistance cannot be restricted to prisoners who are represented by legal services authorities, and must also extend to those who have engaged private lawyers.
"There cannot be any differentiation between the under-trial prisoners, who have the assistance of the District Legal Services Authority and those who have engaged private counsel," the bench said.
It further observed that merely because an accused has engaged a private lawyer, assistance from the DLSA cannot be denied, adding that "litigation cannot be adversarial in that sense".
"The onus lies on the state to make sure that these persons are released from custody," the top court said.
It also requested the trial courts concerned to take up cases brought to their notice by the DLSAs and suitably modify the bail conditions wherever necessary to facilitate the release of such prisoners.
During the hearing, the Supreme Court was also informed that the available figures covered only 20 districts and that a similar exercise was required to be undertaken in the remaining 55 districts of Uttar Pradesh. The state government assured the apex court that the necessary steps would be taken within a reasonable time. The directions were made applicable to under-trial prisoners across all 75 districts of Uttar Pradesh, and the matter has been posted for further hearing on January 20, 2027.
