Law & Justice

Supreme Court Orders Uttar Pradesh to Release Undertrial Prisoners Who Have Been Granted Bail

By Abraham Thomas

The Supreme Court has directed the Uttar Pradesh government to identify undertrial prisoners who are still in jail after being granted bail, stating that the state must ensure their release. On November 4, a bench of Justices MM Sundresh and PB Varale asked the state to work with District Legal Service Authorities (DLSA) to locate such prisoners. The court’s order follows a suo motu petition on bail reforms and the January 31, 2023 judgment that requires all states and Union territories to set up a permanent mechanism for the speedy release of undertrial prisoners after bail is granted.

Syed Mohammad Haider Rizvi, a lawyer from Uttar Pradesh, filed an application citing Right to Information Act data that showed the state had not complied with the 2023 judgment. The bench instructed courts to consider the cases brought to their notice by the DLSAs and to adjust bail conditions so that the prisoners can be released.

In response, the Uttar Pradesh government confirmed that, as of September 29, 2026, 264 undertrial prisoners across 20 district jails had obtained bail. Of those, 158 had been released, while 106 cases remained pending with the DLSA. The government, represented by senior advocate Pradeep Mishra, noted that Meerut jail had the highest number of pending releases (60), followed by Moradabad (15). Rizvi highlighted that the state has 75 districts but only provided information for 20. Advocate Talha Abdul Rahman, appearing for Rizvi, argued that the figure of 236 is conservative and that full compliance will only be known once data from the remaining 55 districts is available.

The court directed the state to supply data for the remaining districts and to ensure that all prisoners who have been granted bail are released. It added that the direction applies even to those undertrial prisoners who could not meet bail conditions, whether they have DLSA assistance or private counsel.

Uttar Pradesh has the highest number of undertrial prisoners in India. According to the National Crime Records Bureau, the state holds 73,491 undertrial prisoners out of 389,910 nationwide.

The Supreme Court’s 2023 framework requires the bail‑granting court to email a soft copy of the bail order to the prisoner via the jail superintendent on the same or next day and to input it into the e‑prisons software. Jail authorities must contact the DLSA if a prisoner is not released within seven days of bail being granted. The DLSA is to assess the accused’s economic condition and prepare a socio‑economic report for the court to consider when relaxing bail conditions or surety requirements. Trial courts are instructed not to insist on such conditions when a prisoner cannot provide a local surety.