Justices J.B. Pardiwala and K.V. Viswanathan said prolonged incarceration of an undertrial prisoner violates the right to speedy trial under Article 21, even in serious offences like murder.
The Supreme Court has granted bail to a murder accused who spent more than nine years in judicial custody as an undertrial prisoner. The Court held that continued detention would violate his fundamental right to a speedy trial under Article 21 of the Constitution.
A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan passed the order on May 25, 2026, in the case of Vickki Yadav @ Vikas Yadav v. State of Uttar Pradesh.
Background of the Case
Vickki Yadav, also known as Vikas Yadav, challenged an Allahabad High Court order that denied him regular bail. The case relates to Crime No. 116 of 2017 registered at Cantonment Police Station in Gorakhpur, Uttar Pradesh.
Police booked him under Sections 147, 148, 149, 120-B, and 302 of the Indian Penal Code for alleged involvement in a murder case.
The Supreme Court noted that Yadav had remained in custody for more than nine years. Although the trial had reached its final stage, it had not concluded.
Co-Accused Already Received Bail
Advocate-on-Record Shwetank Sailakwal, along with Mayank Suryan, Abhinanda Bhuyan, and Alok Mishra, appeared for the petitioner.
The defence informed the Court that a co-accused, Vaibhav Singh, had already secured bail from the Supreme Court on April 29, 2026.
The Bench referred to its earlier order in Vaibhav Singh’s case. In that order, the Court criticized the High Court’s decision to deny bail despite the accused spending several years in jail.
Supreme Court Clarifies Bail Principles
The Allahabad High Court had relied on the judgment in X v. State of Rajasthan & Anr., 2024 INSC 909. It held that courts should generally avoid granting bail once a murder trial begins and should allow the trial to finish.
However, the Supreme Court clarified that courts must apply the ruling according to the facts of each case.
The Bench stated that an accused who spends more than nine years in jail as an undertrial deserves bail. Otherwise, the right to a speedy trial under Article 21 would lose its meaning.
Right to Speedy Trial Cannot Be Ignored
The Court stressed that even in serious criminal cases, authorities cannot keep an accused in jail indefinitely. This principle applies when the delay in completing the trial is not the accused’s fault.
The Bench observed that prolonged incarceration without a final verdict violates the constitutional guarantee of a speedy trial.
The Court reiterated that the seriousness of the offence alone cannot justify endless detention.
Bail Granted
The Supreme Court directed authorities to release Vickki Yadav on bail immediately. The trial court will decide the conditions of bail.
The Court also clarified that the release would apply only if the accused is not required in any other criminal case.
With these directions, the Supreme Court disposed of the Special Leave Petition and all pending applications.
