CRIMINAL MISC. BAIL APPLICATION No. 36276 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:92908 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36276 of 2024 Applicant :- Vinay Gautam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. This bail application has been filed by Sri Abhishek Kumar Jaiswal, Counsel for High Court Legal Service Committee since there is no one for the applicant to prosecute this case. There are allegations against the applicant of committing the offences of rape and penetrative sexual assault against his own daughter. Counsel for the applicant submits that statement of victim recorded before the trial court is against the applicant but the fact remains that the applicant is in jail since 14.08.2019 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. Regarding long incarceration of under trials prisoners in jail due to delay in conclusion of trial, the Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 has held in Para 16 of the judgm