The Supreme Court has directed the Uttar Pradesh government to find undertrial prisoners who are still in jail even after getting bail.
The order covers all 75 districts of the state.
An undertrial is a person held in jail while his or her case is still being tried.
Bail allows that person to be released while the case continues.
In many cases, the court grants bail but sets conditions.
These may include a surety, which is a guarantee in the form of property or money.
Some prisoners cannot arrange this, so they stay inside.
Key points
- The Supreme Court ordered a state-wide audit of bailed undertrials still in jail.
- In a study of 20 districts, 106 of 264 bailed prisoners were still in jail.
- These prisoners could not provide sureties or meet other bail terms.
- The audit now extends to the remaining 55 districts, with help from legal aid bodies.
Why are these people still in jail?
The bench said many lower-income families sell their assets to hire a private lawyer.
They often believe this will speed up their release.
Even when the lawyer wins bail, the family may have no money left.
They then cannot meet the financial demands of the bail bond.
What does the court want the state to do?
The court said the responsibility to release these prisoners rests with the state.
It also asked trial courts to take up cases flagged by district legal services authorities.
Those courts may change the bail conditions where needed.
The help should not be limited to people who receive free legal aid from the National Legal Services Authority (NALSA).
The court also appointed senior advocate Gaurav Agarwal as amicus curiae, or friend of the court.
He will check the state's records and suggest remedies.
What happens next in the case?
The audit must now be expanded to the remaining 55 districts.
Graphic: News Anek, from the facts in this report
District legal services authorities will assist in this identification drive.
The matter has been listed for further consideration on January 20, 2027.
Explainer
What happened before
- A preliminary study covered 20 districts in Uttar Pradesh.
- The study found 264 undertrial prisoners who had been granted bail, and 158 of them were released.
- The Supreme Court noted that lower-income families often sell their assets to hire private lawyers.
Why it matters
Many people who get bail still stay in jail because they cannot meet the money terms set for their release.
What to watch next
- The audit must now cover the remaining 55 districts, with help from district legal services authorities.
- The matter is listed for further consideration on January 20, 2027.
