Prayagraj: In a landmark ruling aimed at easing bail conditions for undertrials from economically weaker backgrounds, the Allahabad High Court has directed that prisoners may now be released on the basis of one surety instead of the existing requirement of two.
Justice Vinod Diwakar, delivering the order on a petition filed by Gorakhpur resident Bacchi Devi, observed that many prisoners remain in jail for years simply because they cannot arrange two sureties due to financial or social constraints.
Courts Told to Consider Economic and Social Status in Bail Decisions
The court instructed magistrates and trial courts to consider an accused’s economic and social status before fixing bail, and to set the bail bond amount in line with the person’s financial capacity.
The court further ordered that if an accused fails to produce sureties within seven days, the jail superintendent must inform the secretary of the District Legal Services Authority, which will arrange legal aid to secure release.
Guidance for Multiple FIR Cases
In cases where an accused faces multiple FIRs in different states, release must follow Supreme Court directions in the Girish Gandhi vs Union of India case.
The Registrar General has been told to place a copy of the order before the Chief Justice for consideration of new guidelines. Copies have also been sent to all district judges, the DGP, the ADG (Prosecution) and the Director of the Judicial Training & Research Institute, Lucknow, for effective enforcement.
Ban on sending accused to jail without arrest during probe
In another significant decision, the High Court barred trial courts from sending to judicial custody those accused against whom police filed a chargesheet without arresting them during the investigation. Instead, such accused should be released on a bail bond without the need to file a separate bail application.
Petitioner’s Case and Outcome
Petitioner Bacchi Devi runs ‘Krishna Hardware Paints Centre’ in Shantinagar, Gorakhpur. In 2021, company officials seized counterfeit Asian Paints from her shop, leading to charges under cheating and copyright laws. After the trial court issued summons based on the chargesheet, she moved the High Court seeking quashing of proceedings.
While refusing to quash, the HC allowed her to furnish bail bonds before the trial court and ordered that she should not be taken into custody unless special circumstances arise.
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Impact of the Ruling
The ruling is expected to benefit hundreds of undertrials languishing in Uttar Pradesh’s prisons due to their inability to furnish two sureties.
