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.
A bench of Justices MM Sundresh and PB Varale on November 4 asked the state to identify such prisoners in consultation with the District Legal Service Authorities (DLSA).
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. It noticed cases where poor prisoners were unable to pay bail bonds or secure local surety.
Syed Mohammad Haider Rizvi, a lawyer from Uttar Pradesh, filed an application in these proceedings, citing information under the Right to Information Act that showed the state government breached the 2023 judgment.
The bench requested the concerned courts to take up the cases the DLSAs bring to their notice and suitably modify the bail conditions so that the undertrial prisoners can be released.
{{/usCountry}}The bench requested the concerned courts to take up the cases the DLSAs bring to their notice and suitably modify the bail conditions so that the undertrial prisoners can be released.
{{/usCountry}}The Uttar Pradesh government responded to the application and confirmed that 264 undertrial prisoners across 20 district jails had obtained bail as of September 29, 2026. Of these, 158 were released. The cases of the remaining 106 were pending with the DLSA.
The state, through senior advocate Pradeep Mishra, said Meerut jail accounted for the highest number, 60, followed by Moradabad (15) awaiting release.
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 court directed the state government to furnish data for the remaining districts and simultaneously ensure that those who have obtained bail are released. “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.
Uttar Pradesh has the highest number of undertrial prisoners in the country. As per the National Crime Records Bureau (NCRB), there are 73,491 such prisoners in the state out of 389,910 across the country.
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. 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.
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 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.
The court directed the trial courts not to insist on such conditions in cases where the prisoner is unable to provide local surety.