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DEEPAK VERMA
Om Prakash Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
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.509 of 2017, under Sections 419, 420, 467, 468, 471, 406, I.P.C., P.S. Sarnath, 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 g
Applicant shall not tamper with prosecution evidence by intimidating/ pressurizing witnesses, during investigation or trial.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
The court considered the applicant's criminal history, the arguments of the learned counsel, and the fact that five co-accused persons had already been granted bail in the same case before deciding t....
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
The court granted bail based on the principle of parity, lack of prior criminal record, and the applicant's undertaking to cooperate with the trial.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The central legal point established in the judgment is that the court may grant bail considering the time spent in custody, the nature and gravity of the offence, and the likelihood of a long trial, ....
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