The Supreme Court has directed the Uttar Pradesh government to identify undertrial prisoners who are still in jail even after getting bail.
The court said the state must make sure they are released.
An undertrial prisoner is a person waiting for trial. This person has not been convicted of the crime.
The order came from a bench of Justices MM Sundresh and PB Varale on November 4.
Key points
- The Supreme Court ordered Uttar Pradesh to identify undertrial prisoners who have bail but are still in jail.
- The state said 264 such prisoners were granted bail, and 158 of them have been released.
- Uttar Pradesh has the highest number of undertrial prisoners in India.
- The state has to give data for the remaining 55 districts.
So who are these prisoners, and why are they still in jail?
The case is linked to a 2023 judgment.
On January 31, 2023, the Supreme Court told all states and Union territories to create a permanent system.
The aim was to release undertrial prisoners quickly after they get bail.
The court said it had noticed poor prisoners who could not pay bail bonds.
Some could not find a local surety, which is a person who promises to be responsible for the accused.
A lawyer from Uttar Pradesh, Syed Mohammad Haider Rizvi, filed an application.
He used information obtained under the Right to Information Act. He said the state had breached the 2023 judgment.
What did the state tell the court?
The state said 264 undertrial prisoners in 20 district jails had got bail as of September 29, 2026.
Of these, 158 were released.
The other 106 cases were still pending with the District Legal Service Authorities (DLSA), which give free legal help.
Graphic: News Anek, from the facts in this report
Meerut jail had the highest number, with 60 prisoners. Moradabad came next, with 15 waiting for release.
Uttar Pradesh has 75 districts, but information was given for only 20. So the full picture is not yet clear.
What happens next for these prisoners?
The court directed the state to give data for the remaining districts.
It also said those who got bail must be released at the same time.
The order also covers prisoners who could not meet bail conditions, even with DLSA help or a private lawyer.
Trial courts have been told not to insist on local surety where a prisoner cannot provide it.
Nationally, the National Crime Records Bureau (NCRB) records 73,491 undertrial prisoners in Uttar Pradesh.
The country has 389,910 in total.
Explainer
What happened before
- On January 31, 2023, the Supreme Court said every state must set up a permanent system for quick release of undertrial prisoners after they get bail.
- A lawyer later filed an application using information under the Right to Information Act. He said the state had not followed that judgment.
Why it matters
Poor prisoners often cannot pay bail bonds or arrange local surety, so they can stay in jail even after bail is granted.
What to watch next
- The state must give data for the remaining 55 districts and make sure those who got bail are released.
