CRIMINAL MISC. BAIL APPLICATION No. 39200 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:87338 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39200 of 2024 Applicant :- Chhotu Alias Chhoteylal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikas Yadav,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. Counter affidavit filed by learned A.G.A is taken on record. There is allegation in the F.I.R regarding commission of offence of rape of a minor girl and causing disappearance of her dead body. Counsel for the applicant submits that the applicant is in jail since 15.08.2017 and has no criminal history to his credit. Before the trial court, only 7 prosecution witnesses out of 18 have been examined. Fate of trial is uncertain. 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 judgment being reproduced herein below as follows :- "This Court has clarified in numerous j