The Allahabad High Court recently granted release to a murder suspect who had been imprisoned for more than 11 years due to his inability to obtain legal representation to file his bail plea with the court. The Court emphasized that it is on to all governing bodies, including the trial courts, police, and legal services authorities, to reflect on their actions and make the necessary systemic changes in the hope that a situation like this won't happen again.
In the instant case titled Rajnish v. the state of UP, the issue raised before the Allahabad High Court was:
Whether the petitioner is entitled to be enlarged on bail?
With regard to the issue, the court stated this is the first bail application that has been moved by the applicant before this Court. The applicant belongs to the bottom heap of humanity and unfortunately forgotten class of citizens. He did not have the resources to engage a counsel nor was he given access to legal aid for these long years. The constitutional promise of securing justice has been denied to him. Inordinate delay in concluding the trial had led to virtually an indefinite imprisonment of the applicant without the prosecution evidence connecting the applicant to the offence. The right of the applicant to a speedy trial has been violated.
The court further stated in order to determine whether prisoners who have been detained for a long time have been prevented from moving their bail applications because of poverty or a lack of access to legal representation, the Court ordered the District Legal Services Authorities in the State to compile a list of such inmates.
The court categorically stated that:
“Corrective measures should accordingly be taken. Legal aid workshop should be conducted in every jail in the State of Uttar Pradesh to ensure that such grievances are promptly redressed.”
Hence, in light of the preceding discussion and without making any observations on the merits of the case, the bail application was allowed.