Allahabad High Court faults DLSA, trial court for failure to ensure release of accused granted bail last year

The Allahabad High Court recently directed the District Judge, Deora to counsel a trial court judge and the District Legal Services Authority (DLSA) for failing to ensure the release of a prisoner who was granted bail in May 2023 [Beeru Kumar vs State of UP]..Since the undertrial prisoner, Beeru Kumar could not furnish sureties as directed by the High Court in the bail order, he continued to remain in jail for almost a year after the grant of bail.Justice Ajay Bhanot said prima facie the trial court and the DLSA did not discharge their duties of making necessary enquiries even after the prisoner was not released within one week of the grant of bail. .The single judge recounted that in an order passed last year in another case (Arvind Singh v. State of UP), the High Court had already directed the DLSAs to examine the status of prisoners who are granted bail but not released within a week. Despite this, the DLSA did not move any application or give any advice to the undertrial accused to secure his release, the Court found. “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 High Court proceeded to order. .However, the Court clarified that its observations shall not be construed adversely against any judicial officerThe order was passed on an application moved by Kumar for modification of the bail conditions, one of which was to produce two sureties including a family member.The Court was told that Kumar does not have any family members in Uttar Pradesh. The sole surviving member of his family is his father but he resides abroad, the Court was informed further. .Finding merit in the plea, the Court recalled the surety conditions put on Kumar in the bail order dated May 18, 2023. It directed the trial court to fix sureties as per Kumar’s socioeconomic conditions.“While fixing sureties the trial court has to apply its mind to the socioeconomic conditions of the prisoner. Further the trial court while fixing sureties shall not impose any onerous or arbitrary conditions which defeat the order granting bail to the concerned prisoner or prevent the applicant from being set forth at liberty,” the Court said..Advocate Yashwant Pratap Singh represented the petitioner (Beeru Kumar)..Bail conditions can't be burdensome; courts cannot insist on different sureties for different cases against same accused: Kerala High Court.[Read Order]