Saleem Darji Vs State of U.P. Thru. Additional Chief Secy. Home, Civil Sectt. U,P. Lko.

Neutral Citation No. - 2024:AHC-LKO:75482

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3036 of 2023

Applicant :- Saleem Darji Opposite Party :- State Of U.P. Thru. Additional Chief Secy. Home, Civil Sectt. U,P. Lko. Counsel for Applicant :- Piyush Kumar Singh,Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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The affidavit filed in support of bail application has been sworn in by Sakila Darji, who is citizen of Nepal, which is evident from the affidavit itself. Rule 9 of Allahabad High Court (Amendment) Rules, 2021 (hereinafter referred to as 'Amendment Rules, 2021) provides the proof of identity and the proof recognized by the Election Commission of India for casting votes in the Parliamentary or Assembly Elections.

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Rule 9 of the 'Amendment Rules, 2021' is reproduced hereinbelow:-

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"Full Particulars of persons and 1 places to be given. (1) An affidavit. gshall fully describe the person swearing Es it with such particulars as will ensure his Il clear identification such as his full name, his age, the name of his father. rhis rank or degree in life, his profession, . calling, occupation or trade and his true eplace of residence. Any person or place referred to in an affidavit shall be fully described in such manner as to enable ehis or its identity to be clearly fixed. In addition to the full description of the e person swearing the affidavit, the e deponent will annex his/her passport size photograph alongwith the proof of his identity such as, driving licence, ration card, Kisan Bahi, identity card issued by Election Commission of India, passbook of any nationalized bank, passport, arms licence, PAN card issued by the Income-Tax Department, identity card issued by the Bar Council or other organisation or authority of which the person identifying belongs; or any other documentary identity proof recognised by the Election Commission of India for casting vote in the Parliamentary or Assembly Elections."

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In view of the provisions of the aforesaid rules, the instant affidavit is defective.

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Counsel appearing for the applicant could not dispute the abovesaid fact.

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Consequently, the present application is, hereby, dismissed as having become defective.

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The liberty is given to the applicant to move fresh bail application adhering the provisions of Rule 9 of the

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'Amendment Rules, 2021'.

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Office is directed to return the certified copy of order/documents to the learned counsel for the applicant after retaining the xerox copy of the same.

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Order Date :- 14.11.2024 Anuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Saleem Darji v. State of U.P. Thru. Additional Chief Secy. Home, Civil Sectt. U,P. Lko.

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Saleem Darji v. State of U.P. Thru. Additional Chief Secy. Home, Civil Sectt. U,P. Lko.

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