JUDGMENT Arvind Kumar Mishra-I, J. We have heard learned counsel for the applicant and learned State Counsel. 2. This delay condonation application has been moved with the prayer to condone the delay occurring in filing of the instant criminal appeal as delay caused is not intentional and deliberate. Delay occasioned as per report of Stamp Reporter is 137 + 8 days aggregating 145 days in all. 3. In the accompanying affidavit, it has been stated, inter-alia, that the applicant's father was convicted by the trial court in Case Crime No.99 of 1999, under Sections 304, 323 and 504 I.P.C., Police Station Chitbadagaon, District Ballia, on 12.12.2013 and was sent to jail. During pendency of the aforesaid case, huge amount was spent by the applicant. Thereafter, an application seeking bail in the aforesaid matter was moved, the same was allowed by the High Court for which the applicant had to incur huge amount. 4. Due to above particular facts, the applicant could not manage expenses to file the present appeal. The applicant somehow managed finances in 2nd week of July, 2014 then he contacted his counsel at Allahabad, whereupon certain documents were needed and at last the instant appeal was filed. Delay caused in preferring the appeal is not intentional and deliberate, but it was due to unavoidable circumstances and financial problem. 5. Bare perusal of the above submission shows that the applicant was interested more in meeting expenses of litigation concerning his father and he totally neglected the cause of preferring the appeal within time. It is not the case of the applicant that he was not having any money to do the needful but the so-called huge amount/expenses was diverted for another cause than filing the appeal. Therefore, it cannot be treated to be just and reasonable cause. Cause shown as occasioning the delay appears to be an after thought, because idea of arrangement of money for seeking bail of his father was well within mind of the applicant and it cannot be said that it was beyond his capacity. Further, not a single word has been spelled in the entire affidavit that the applicant happened to be a poor man. 6. Further, not a single word has been spelled in the entire affidavit that the applicant happened to be a poor man. 6. It is well trite law that in all those matters, where delay is occasioned in taking appropriate remedy at any forum which requires filing of delay condonation application then the matter is to be adjudged keeping in view availability of opportunity and capacity of the applicant in pursuing his remedy. If cause shown for delay is found beyond capacity and control of the applicant and it is neither intentional nor deliberate then the same may be condoned. But in cases where cause shown is found to be either vague or within control of the applicant then the same will be treated to be intentional and deliberate. Obtaining bail order will not be given any priority over filing of appeal. 7. In the present case, we find that cause shown for delay in preferring the appeal was not beyond control or capacity of the applicant. It appears that the applicant was knowing well that he had the right of appeal when the judgment was pronounced in Sessions Trial No.304 of 2005 arising out of Case Crime No.95-A of 1999, under Sections 323, 395, 504 I.P.C., Police Station Chitbadagaon, District Ballia. It is no excuse that the applicant under garb of providing protection to his father can cause delay in preferring the appeal. It is up to the applicant to manage his affairs. 8. Submission advanced on behalf of the applicant to the extent that he had to spend huge amount during trial as well as for obtaining bail from the High Court actually prevented him from preferring appeal cannot be treated to be sufficient cause explaining the delay. Thus the cause shown for condonation of delay, in preferring the appeal is not reasonable but appears to be a lame excuse without any base for which no leniency can be shown. The application for condonation of delay being devoid of merits is rejected. Consequently, the instant appeal is dismissed on the ground of laches.