The Supreme Court has directed the Uttar Pradesh government to identify undertrial prisoners languishing in jails despite getting bail, saying the onus is on the state to ensure they are released.
The court directed the state government to furnish data for the remaining districts and simultaneously ensure that those who have obtained bail are released. The court said the jail authorities must contact DLSA for providing assistance to the prisoner in the event the accused is not released within seven days from the date of the bail granted. It noticed cases where poor prisoners were unable to pay bail bonds or secure local surety. The court directed the trial courts not to insist on such conditions in cases where the prisoner is unable to provide local surety.
The court took up a suo motu petition on bail reforms while monitoring the implementation of its January 31, 2023, judgment directing all states and Union territories to establish a permanent mechanism to ensure the speedy release of undertrial prisoners after they get bail. Rizvi pointed out that Uttar Pradesh has 75 districts, but the state provided information for only 20. Advocate Talha Abdul Rahman, appearing for Rizvi, informed the court that the figure of 236 is conservative. Rahman said compliance will be known only when the data related to the remaining 55 districts is known. The Supreme Court in January 2023 laid down the framework to ensure that the liberty of undertrial prisoners is not curtailed for want of furnishing bail bonds or surety.
“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 the assistance of DLSA and those who have engaged private counsel,” the court said. It said that the bail-granting court has to send a soft copy of the bail order by e-mail to the prisoner through the jail superintendent on the same day or the next day and feed it into the e-prisons software.
It directed the DLSA to find out the economic condition of the accused and prepare a report on the socio-economic conditions of the inmate to be placed before the court for considering a request to relax the conditions of bail and surety.
