One surety enough for bail, rules Allahabad HC

Prayagraj: Offering major relief to undertrials unable to meet tough bail conditions, the Allahabad High Court has ruled that a single surety will now be sufficient for release from jail.

The court said the existing requirement of two sureties often traps poor and socially disadvantaged prisoners behind bars for years despite being granted bail.

Justice Vinod Diwakar passed the order while hearing a plea by Gorakhpur resident Bacchi Devi, noting that many inmates remain in custody simply because they cannot arrange two sureties.

The court directed magistrates and trial courts to consider an accused’s financial and social background before approving bail, and to set the bond amount in line with their means.

The order also mandates that if an accused fails to furnish sureties within seven days, jail authorities must inform the District Legal Services Authority, which will arrange legal assistance to secure release. In cases involving multiple FIRs across states, courts must follow the Supreme Court’s directions in the Girish Gandhi vs Union of India case to facilitate prompt release.

In a separate ruling, the High Court prohibited trial courts from sending to judicial custody those accused against whom police filed a chargesheet without arresting them during the investigation. Such accused, it said, should be released on a bail bond without filing a separate bail application.

Bacchi Devi, who runs a paint shop in Gorakhpur, faced charges after counterfeit Asian Paints were seized from her premises in 2021.

While refusing to quash proceedings, the High Court allowed her to furnish bail bonds before the trial court and ordered that she not be taken into custody unless exceptional circumstances arise.

The decision is expected to help hundreds of prisoners in Uttar Pradesh’s jails who have already been granted bail but remain incarcerated due to inability to arrange two sureties.