Anil Gaur @ Sonu @ Sonu Tomar vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 872

AJAY BHANOT
Anil Gaur @ Sonu @ Sonu Tomar – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Nanhe Lal Tripathi

JUDGMENT :

AJAY BHANOT, J.

1. The judgement is being structured in the following conceptual framework to facilitate the discussion:

Introduction

Submissions of learned counsels

III

Prisoners' rights

Right of bail

Legal aid:

A	Constitutional Law Backdrop
B	Statutory Scheme of LSA Act, 1987
C	Instances and Consequences of denial of legal aid
D	NLSA Scheme for Legal aid
E	Summation

Conclusions & Directions

VII

Order on bail application

VII

Appendix

I. Introduction

1. Shri Nanhe Lal Tripathi, learned counsel assisted by Shri Satish Kumar Mishra, learned counsel for the applicant predicates his submissions on merits by contending that the applicant's inability to access legal aid raises legal and constitutional issues which directly affect the right of bail and the personal liberty of the applicant. Members of the Bar also submit that this problem is faced by many prisoners. The issue regarding the scope and right of legal aid to prisoners arises in the circumstances of this case, but also