The Allahabad High Court criticized the District Legal Services Authority (DLSA) and the trial court for not ensuring the release of Beeru Kumar, who granted bail last year. Despite the bail order, Kumar remained in jail for nearly a year due to his inability to furnish the required sureties. The court highlighted the failure of the legal system to uphold the bail conditions, stressing the need for better oversight and assistance for undertrials.
The Allahabad High Court took action regarding the case of an undertrial prisoner named Beeru Kumar. In May 2023, the High Court granted Beeru Kumar bail, but he remained in jail for nearly a year afterward because he unable to furnish the sureties as directed in the bail order.
Justice Ajay Bhanot of the Allahabad High Court criticized the trial court and the District Legal Services Authority (DLSA) for failing to fulfil their responsibilities.
Read Also: Calcutta HC Grants Interim Protection to BJP’s Rekha Patra & Pranat Tudu
The court found that the trial court and DLSA did not properly investigate the matter or take the necessary steps to ensure Beeru Kumar‘s release, even though he had been granted bail over a week prior.
As a result, the High Court directed the District Judge in Deora to counsel the trial court judge and the DLSA regarding their failure to facilitate Beeru Kumar’s release after he granted bail. This highlights the importance of courts and legal authorities diligently following through on bail orders to prevent extended unlawful detentions.
In an order last year [Arvind Singh v. State of UP], the High Court directed the DLSAs to assess the status of prisoners who granted bail but not released within a week. However, the DLSA failed to take any action or advise the undertrial accused on securing his release, as noted by the Court.
The High Court emphasized,
“All trial courts as well as DLSAs are under an obligation to comply with the directions of this Court in Arvind Singh (supra) as well as those made above in this order. Learned District Judge, Deoria shall make necessary enquiries and appropriately counsel the trial judge and the DLSA, Deoria in the matter.”
The Court clarified that its observations should not be interpreted negatively against any judicial officer.
This order issued following an application by Kumar to modify the bail conditions, one of which required the provision of two sureties, including a family member.
The Court informed that Kumar has no family members residing in Uttar Pradesh. His only living family member is his father, who lives abroad.
Considering the merits of the plea, the Court decided to rescind the surety conditions imposed on Kumar in the bail order dated May 18, 2023.
The trial court instructed to set sureties based on Kumar’s socioeconomic status.
The Court stated,
“The trial court must consider the socioeconomic conditions of the prisoner when setting sureties. Furthermore, the trial court should not impose onerous or arbitrary conditions that would undermine the bail order or prevent the applicant from being released,”.
Advocate Yashwant Pratap Singh acted as legal counsel for the petitioner, Beeru Kumar.
Read Order