OM PRAKASH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Srivastava, learned Senior Advocate, assisted by Sri Prem Narayan Singh, learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

(2.) The instant bail application has been filed on behalf of the applicant Om Prakash Singh with a prayer to release him on bail in Case Crime No.188 of 2018, under Ss. 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Chaubeypur, District Varanasi, during pendency of the trial.

(3.) It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The present dispute pertains to management of society and in this regard Writ 'C' No.35651 of 2017 is pending before this Court. The dispute is of the year 2017 but FIR has been lodged in the year 2018. There is one year delay in lodging of F.I.R. for which no plausible explanation has been given. The applicant is member of the society and Trust and informant is President of the Trust and the dispute relates to management. Learned counsel for the applicant next submitted that co-accused Ram Awadh Singh Yadav, Rakesh Singh and Smt.Arti Devi have been granted bail by the coordinate Bench of this Court vide orders dtd. 18/1/2023, 4/5/2022 and 31/1/2023. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. Applicant has explained criminal history in Para- 14 of the bail application. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 5/12/2022 and in case he is enlarged on bail he will not misuse the liberty of bail.