Supreme Court directs Uttar Pradesh to secure release of undertrials detained despite bail

NEW DELHI — The Supreme Court has directed the Uttar Pradesh government to identify and ensure the release of undertrial prisoners who remain incarcerated despite being granted bail because they are unable to fulfill conditions or furnish sureties.

The directive was issued by a bench comprising Justice MM Sundresh and Justice PB Varale, which initiated the proceedings suo motu as part of broader systemic reforms addressing the status of undertrials and unnecessary detentions in prisons. The court has appointed senior advocate Gaurav Agarwal as amicus curiae to assist in the matter.

According to data presented to the court by the Uttar Pradesh government and the National Legal Services Authority (NALSA), identification efforts have been completed in 20 districts across the state. Out of 264 undertrial prisoners identified in those districts who had already secured bail, 158 have since been released, while 106 remain behind bars. However, court proceedings revealed that the identification process has yet to be completed across 55 districts in the state.

Addressing the scope of legal aid, the bench observed that legal assistance cannot be restricted solely to prisoners provided with counsel by NALSA or District Legal Services Authorities (DLSAs). The court further specified that a DLSA cannot refuse assistance to inmates who have engaged private counsel.

Moving forward, the Uttar Pradesh government and DLSAs are required to identify remaining cases, while trial courts will consider modifying or relaxing bail conditions as necessary to facilitate releases.