In a recent ruling, the High Court of Allahabad has instructed Trial Courts to factor in the socio-economic status of bail applicants when issuing bail orders.

Emphasizing the gravity of the situation, the court highlighted that many individuals from marginalized communities often struggle to secure the sureties set arbitrarily by the trial courts.

The High Court stated that bail orders should not be hindered by arbitrary surety conditions imposed without regard to the applicant's socio-economic status. The Court noted that individuals from financially disadvantaged or marginalized backgrounds may struggle to meet such conditions.

The single bench of Justice Ajay Bhanot emphasized that it is the responsibility of the trial court to consider the socio-economic status of the accused when setting surety requirements.

The HC Order reads, "This appears to be a serious matter. The large number of the persons who belong to marginalized sections of the society or financially destitute are unable to arrange or provide sureties fixed arbitrarily by the learned trial courts. To deal with this situation the constitutional Courts have constantly held that the right of bail cannot be defeated by arbitrary surety demands. It is the responsibility of the learned trial court to apply their minds to the socioeconomic status of the accused & accordingly fix the sureties. The law has cautioned against determining sureties in a mechanical manner".