Allahabad HC orders instant prisoner release through electronic bail system

The Allahabad High Court has issued directions for the direct electronic transmission of bail orders and immediate release of prisoners through the Bail Order Management System (BOMS) so that no one remains in jail after being granted bail.

The order was passed by Justice Arun Kumar Singh Deshwal while granting bail to an accused in a kidnapping case.

The high court observed, "The personal liberty of a person is a fundamental right under Article 21 of the Constitution of India. Therefore, a person cannot be deprived of their liberty, except in accordance with the procedure established by law.

"Once a Court grants bail to an undertrial or convict, then it is the right of that undertrial or convict to know about the bail order immediately so that he/she does not remain confined in jail because of the laxity on the part of the judicial system or jail administration. The Apex Court also showed its concern about the liberty of a man who has been granted bail in the case of Policy Strategy for Grant of Bail (supra)."  The single-judge order on Tuesday said that despite the Supreme Court's 2024 ruling, bail orders often do not reach jail authorities promptly. The Registrar (Compliance) informed that due to the absence of jail details in bail applications, it becomes difficult to send copies of bail orders directly to the Jail Superintendent.

 

To this, the HC directed that while filing a bail application, advocates should mention details of the jails of the accused, too.