Supreme Court: Onus on U.P. to Release Under-Trial Prisoners Granted Bail but Unable to Meet Conditions

This suo motu writ petition on a policy strategy for the grant of bail was listed on 04.11.2026 only on two interlocutory applications (cause title). The petitioner side stated that, across 20 districts, 264 under-trial prisoners granted bail could not be released for want of execution of sureties and other conditions imposed by the trial courts (para 1). The State of Uttar Pradesh said that only 158 had been released and an appropriate decision would be taken for 106 (para 2). The National Legal Services Authority said reviews are held every month with the District Legal Services Authorities, and pending cases would be added at next month's meeting (para 3).

The petitioner side added that the statistics cover only 20 districts, so the exercise has to be undertaken for the remaining 55 districts; the State said the needful would be done within a reasonable time (paras 4-5). The Court directed the State of U.P. to undertake the exercise for under-trial prisoners granted bail but not released for want of compliance with bail conditions, in consultation with the respective District Legal Services Authorities (para 6). The direction applies even to prisoners who have engaged private lawyers: ‘There cannot be any differentiation’ between them and those assisted by the District Legal Services Authority (para 7). Both categories are similar in their non-compliance with bail conditions; engaging a private lawyer is no reason to deny the Authority's assistance, and ‘Litigation cannot be adversarial in that sense’ (para 8). Further assistance can be rendered, and ‘the onus lies on the State to make sure that these persons are released from custody’ (para 8). The Court requested the concerned Courts to take up the cases the Authorities bring to their notice and modify the conditions suitably. The directions apply to all under-trial prisoners across 75 districts (para 10).