Advocates:
['AMIT RAI', '', 'SANJAY SINGH', 'AKHILESH KUMAR YADAV', 'ARVIND KUMAR SRIVASTAVA', 'G A']

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7305

of 2019

Applicant :- Mohit Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Amit Rai,Akhilesh Kumar

Yadav,Arvind Kumar Srivastava,Sanjay Singh

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A for

the State.

There is allegation against the applicant of causing dowry death

of his wife by way of smothering.

Counsel for the applicant submits that the applicant is in jail

since 11.05.2015. Trial has not been concluded till date. This is

the first implication of the applicant on account of matrimonial

dispute. He 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 judgment being reproduced

herein below as follows :-

"This Court has clarified in numerous judgments that the liberty

guaranteed by Part III of the Constitution would cover within its

protective ambit not