NISHA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
NA528/256/2025 · 2025-04-04
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131008 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131008 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18944 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 256 of 2025 Applicant :- Nisha And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following prayer:-
"WHEREFORE, it is most humbly and respectfully prayed that that the applicants/petitioners may be permitted to produce surety and personal bond of Rs. 20,000/- each in place of sureties of Rs. 30,000/- each and also the applicants may be exempted from the condition of producing attested/certified copy of adhar card of the applicants before the learned court concerned as copy of adhar card is not available at this present time with the applicants, hence producing certified copy of adhar card is a hardship. These condition may be altered so that the applicants may be set at liberty in pursuance of bail order dated 03.03.2005 passed by the court of learned Sessions Judge, Ayodhya in Bail Application No. 212 of 2025 (Nisha and another Versus State of U.P.) in Case Crime No. 36/2024, Under Section-303 (2), 317 (2), 313, 3 (5) of B.N.S. Act, pertaining to Police Station-G.R.P., District-Ayodhya for the purpose of releasing the applicants on bail, in the interest of justice."
2. Learned counsel for the applicants has submitted that the bail has been granted to the applicants vide its order dated 03.03.2025 but one of the condition put by the court concerned i.e. condition no.1 is quoted here-in-below:-
"1. पप्रारररननी / अभभिययकप्रागण दप्रारप्रा स्वययं कप्रा आधप्रारकप्रारर , जजो उनकके मजोबप्राइल नम्बर सके रलयंक्र हजो, ककी पमप्राभणत पभतरलभपि पस्तयत कररगनी, रजसकप्रा सत्यप्रापिन भिनी जमप्रानत बन्धपित /पभतभिभू कके सप्रार हजोगप्रा।"
3. It is further submitted that the verification of the Aadhar Card is only by Biometrics i.e. Digital Signature/ Thumb Impression of the applicants otherwise it cannot be verified and this thing could not be possible until or unless the applicants are released from the jail. It is further submitted that by putting such a condition amounts to granting bail but the accused persons could not be released from the jail since it would not be possible to fulfill the condition. 4.
It is further submitted that the applicants are ready to give an undertaking that they will submit the certified/ verified copy of the Aadhar Card within three weeks from the date of release as per the order dated 03.03.2025. It is further submitted that the applicants are ready to get two personal bonds of Rs.30,000/- each and two sureties of the same amount of her real relative and one local surety as directed. 5. On the other hand, learned A.G.A. has submitted that the certified/ verified copy of the Aadhar Card requires Biometrics of the persons concerned and he is unable to dispute the submission made by the learned counsel for the applicants. 6. After hearing the learned counsel for the parties and going through the record of the case, the learned court concerned is
directed to grant bail to the applicants on providing the sureties and personal bonds separately, as per bail order dated 03.03.2025 as the applicants have given an undertaking that the certified/ verified copy of the Aadhar Card will be provided within three weeks from the date of release from the jail.
7. In view of the above, the instant application is hereby allowed.
Order Date :- 4.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench