Allahabad High Court Grants Bail to Sohrab Ali with Emphasis on Prompt Communication of Bail Orders

Court Directs Implementation of Electronic Verification Systems and Immediate Release Protocols to Uphold Personal Liberty Under Article 21

In a significant ruling, the Allahabad High Court, presided by Justice Arun Kumar Singh Deshwal, has granted bail to Sohrab Alias Sorab Ali in Criminal Misc. Bail Application No. 38294 of 2025, concerning Case Crime No. 314 of 2025. The judgment underscores the importance of prompt communication and compliance with bail orders to protect the fundamental right to personal liberty under Article 21 of the Constitution of India.

The applicant, accused of enticing away the informant's daughter, was granted bail after the victim's statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, revealed that she left home voluntarily. Despite the applicant's criminal history involving one case, the court found no requirement for custodial interrogation, leading to the decision to release him on bail.

Justice Deshwal emphasized the need for electronic verification of sureties and timely release through digital systems like the Bail Order Management System (BOMS). The judgment also mandates immediate communication of bail orders to jail authorities to prevent unnecessary confinement of undertrials or convicts. This aligns with the directions issued by the Supreme Court in the case of Policy Strategy for Grant of Bail, Suo Motu Writ Petition (Crl.) No.4 of 2021.

The court laid down conditions for the applicant's bail, including non-inducement or tampering with evidence, cooperation with trial proceedings, and refraining from criminal activities. The judgment highlights the procedural gaps in the current system, advocating for direct electronic communication of bail orders to ensure expeditious release of prisoners.

Justice Deshwal directed several measures to streamline the bail process, including mandatory jail details in bail applications, coordination with NIC for e-prison portal access, and electronic verification of sureties within court premises. The ruling seeks to eliminate delays and corruption in the verification process, ensuring the accused do not remain in jail longer than necessary.

The judgment calls for prompt compliance with release orders, citing Rule-91 of the U.P. Jail Manual, which mandates immediate release of prisoners upon receiving court orders. The court's directions aim to reinforce personal liberty as a fundamental right, preventing prolonged incarceration due to administrative inefficiencies.

The Registrar (Compliance) has been instructed to disseminate the judgment to relevant authorities, including the Chief Secretary, U.P., Additional Chief Secretary (Home), Director General (Prison), and NIC officials, ensuring adherence to the court's directives.

Bottom Line:

Bail application - Guidelines issued to ensure prompt communication and compliance of bail orders to protect the fundamental right to personal liberty under Article 21 of the Constitution of India.

Statutory provision(s): Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, Article 21 of the Constitution of India, Rule-91 of the U.P. Jail Manual, 2002, Policy Strategy for Grant of Bail, Suo Motu Writ Petition (Crl.) No.4 of 2021

This landmark judgment not only provides relief to Sohrab Ali but also sets a precedent for the effective administration of justice, safeguarding the fundamental rights of individuals within the judicial system.

Sohrab Alias Sorab Ali v. State of U.P., (Allahabad) : Law Finder Doc Id # 2804411