Supreme Court orders release of prisoners who remain in jail despite being granted bail

According to a Hindustan Times report, the Supreme Court has issued a clear order to the Uttar Pradesh government to immediately identify undertrial prisoners who remain in jail despite having been granted bail. A bench of Justice M.M. Sundresh and Justice P.B. Varale gave this direction on 4 November. The court emphasized that it is the responsibility of the state government to ensure the release of such prisoners. The state has been instructed to carry out this process in consultation with the District Legal Service Authorities (DLSA).

The Supreme Court was hearing a suo motu petition regarding bail reforms, aimed at ensuring compliance with a judgment dated 31 January 2023. That judgment directed all states and union territories to establish a permanent mechanism for the speedy release of undertrial prisoners after being granted bail. The court noted that many poor prisoners continue to languish in jail due to their inability to furnish bail bonds or secure local sureties. Advocate Syed Mohammad Haider Rizvi for Uttar Pradesh had filed an application in these proceedings, claiming through details obtained under the Right to Information that the state government had violated the 2023 judgment.

Senior Advocate Pradeep Mishra, appearing on behalf of the state government, informed the court that as of 29 September 2026, 264 undertrial prisoners had been granted bail in 20 district jails, of which 158 prisoners have been released. The cases of the remaining 106 prisoners are pending with the DLSA. Among these figures, Meerut jail leads with 60 prisoners, followed by Moradabad where 15 prisoners are awaiting release. However, petitioner's counsel Talha Abdul Rahman submitted to the court that there are a total of 75 districts in Uttar Pradesh, but the government has provided data for only 20 districts. He claimed that the figure of 236 is very conservative and the true picture will only be clear after receiving information from the remaining 55 districts.

The court has ordered the state government to submit data for the remaining districts and ensure the release of all prisoners who have been granted bail. The court clarified that this directive will also apply to prisoners who have been unable to comply with bail conditions, regardless of whether they have engaged a private lawyer or sought the help of the DLSA. Relevant courts have also been instructed to consider cases brought by the DLSA and modify bail conditions appropriately so that prisoners can be released.

According to National Crime Records Bureau (NCRB) data, out of 3,89,910 undertrial prisoners across the country, 73,491 prisoners are in Uttar Pradesh alone, which is the highest in the country. In January 2023, the Supreme Court prepared a framework making it mandatory for the court granting bail to send a soft copy of the bail order to the jail superintendent via e-mail and upload it to the e-prison software. If a prisoner is not released within seven days, jail authorities must contact the DLSA and prepare a report on the prisoner's financial condition to be presented in court, so that bail conditions can be relaxed.