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2025 DAILYLAW 139858 (ALL)

VIMLA KATIYAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/4106/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48835 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4106 of 2025 Applicant :- Vimla Katiyar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sharad Kumar Sharma,Atul Kumar Singh Gaur,Jaikaran Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jaikaran, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.238 of 2024, under Sections 142 B.N.S and Section 16/17 of Protection of Children from Sexual Offences Act, registered at Police Station Sareni, District Raebareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 23.07.2024, stating that the informant's daughter aged 17 years had gone missing and the complainant apprehended that the named accused had enticed her away. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that Akash is her distant cousin, she used to talk to him at phone and she had gone to be with Akash. However, Akash did not come to meet her and he did not contact her and, therefore, she was going to Kanpur. On the way, she met Ankur Katiyar, he proposed to marry her and, therefore, she went with Ankur and stayed with him. 5. The applicant is mother of Ankur and she has also been made an accused in the present case. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a 65 years old woman having no criminal history and she has been falsely implicated in the present case. 8. The learned counsel for the applicant has submitted that both the other two co-accused persons, namely, Akash Kumar Pal and Ankur Katiyar, have been granted bail by means of orders dated 22.01.2025 and 11.08.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 125 of 2024 and 7341 of 2025, respectively. 9. The learned A.G.A. has opposed the prayer for bail but she could not dispute the aforesaid aspects of the matter. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a 65 years old woman having no criminal history and she is languishing in jail since 10.03.2025 and that two co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be granted bail on the ground of parity. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Vimla Katiyar be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 20.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench