Delhi High Court Directs Strict Enforcement of Bail Norms for Undertrial First-Time Offenders

April 14, 2026 : The Delhi High Court has directed all prison authorities, district courts, and legal services institutions in the national capital to strictly implement the Supreme Court guidelines on granting bail to undertrial prisoners, particularly first-time offenders who have completed at least one-third of their maximum sentence.

A single-judge Bench of Justice Girish Kathpalia expressed strong dissatisfaction over the continued failure of authorities to release such eligible prisoners. The Court stressed the mandatory application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which provides for conditional release in such cases.

To ensure compliance, the Court ordered that its directions be circulated to all Principal District and Sessions Judges and the Director General (Prisons), Delhi. It also instructed the Delhi High Court Legal Services Committee (DHCLSC) and District Legal Services Authorities (DLSAs) to proactively identify eligible undertrial prisoners and facilitate their release in accordance with the Supreme Court’s mandate.

The order came while deciding a bail application filed by Rishabh, a first-time offender accused of cheating a woman and her daughter through impersonation. His counsel relied on the Supreme Court ruling in In Re: Inhuman Conditions in 1382 Prisons, which mandates the release of undertrials who have served one-third of the maximum sentence.

Accepting this argument, the High Court observed that the accused had already undergone more than one-third of the maximum seven-year sentence, making him eligible for relief under Section 479 BNSS.

The Court also raised serious concerns about the conduct of the investigating agency, noting that it attempted to mislead the Court by wrongly attributing incriminating audio evidence of a co-accused to the applicant. It further questioned the unexplained failure to arrest another accused allegedly impersonating a CBI official, highlighting concerns over selective investigation.

Considering the prolonged custody, the stage of proceedings where charges had yet to be framed, and the ongoing investigation, the Court granted bail to the accused.