AIPERI ALIAS ERIKA vs STATE OF UTTARAKHAND

UKHC010095002026
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date

No.

2026:UHC:8118

COURT’S OR JUDGE’S ORDERS

BA1 BA1/974/2026
Aiperi Alias Erika --Applicant

Versus
State Of Uttarakhand --Respondent
Hon'ble Rakesh Thapliyal, J.

Mr. Ramji Srivasvata, learned
counsel with Mr. Gaurav Nagpal, learned
counsel for the applicant.
2. Mr. Sandeep Sharma, learned AGA
for the State.
3. The instant bail application is moved
on behalf of the applicant Aiperi alias
Erika, D/o Mr. Kurmanbek, R/o
Kyrgyzstan, presently R/o C-91 Second
Floor Malviya Nagar Malwa Delhi
seeking regular bail in reference to first
information report dated 29.03.2026
bearing FIR No.0130 of 2026, P.S. Raipur,
District Dehradun wherein in total three
persons, including the present applicant
and two others, namely, Karina @
Bagimova Maftvna and Nigora Nim are
implicated and charge sheeted for the
offence punishable under Section 318(4),
336(3), 338, 340(2) of B.N.S. 2023 read with
Section 23 of Immigration and Foreigners
Act, 2025 ( in short Immigration Act ).
4. In the FIR all the three persons are
named and all of them have been charge
sheeted, who are the citizens of different
countries and so far as the present

applicant is concerned she is the citizen of
Kyrgyzstan. The applicant is charge
sheeted with the charge of forging Aadhar
Card which is also offence punishable
under Section 23 of Immigration Act,
punishable for maximum sentence of
three years.
5. It is submitted by learned counsel
for the applicant that the present
applicant is languishing in jail since
29.03.2026 and the other two persons, who
have also been charge sheeted have
already been enlarged on bail by the
st
learned Judicial Magistrate I by orders
dated 29.06.2026 and 10.07.2026, the copy
of which are also shown to this Court and
the same are also place on record. Learned
counsel submits that even the offence with
regard to forging the Aadhar Card and
Pan Card both are governed under special
Act but in the present case the applicant is
charge sheeted for forging the Aadhar
Card under the penal provisions of BNS,
2023. He submits that the passport of the
applicant is already valid upto 2033
however the visa of the applicant is
already expired on 04.10.2024 and it has to
be renewed and extended therefore, the
applicant be released on bail. He also
submits that since the other co-accused
with the same set of charge have already
been enlarged on bail by the trial court,
therefore, on this account also the
applicant deserves to get the same benefit.
He also submits that though the charge

under Section 338 BNS, 2023 is punishable
for the maximum sentence of 10 years. It
is also argued by learned counsel for the
applicant that forging Aadhar Card is
infact governed by the Special Act i.e. Act
No.18 of 2016 (The Aadhar (Targeted
Delivery of Financial & Other Subsidies,
Benefits of Services) Act, 2016) and the
chapter VII deals with the same and the
maximum sentence is 3 years.
6. Per contra, learned AGA has not
disputed that the charge sheet is already
filed and the two other co-accused have
already been enlarged on bail.
7. After hearing the submissions of
learned counsel for the parties and taking
into consideration that the charge sheet is
already filed and the other two co-accused
persons are already enlarged on bail,
therefore, this Court is of the view that
applicant deserves for bail but with some
stringent condition keeping in view that
the applicant is citizen of another country.
8. Accordingly, without expressing any
opinion on the merit of the case, the bail
application is allowed.
9. Let the present applicant-Aiperi alias
Erika be released on bail on her executing
a personal bond and furnishing two
reliable sureties of the like amount to the
satisfaction of the court concerned subject
to the conditions:-
i. The applicant after being
released on bail shall surrender her
passport to the concerned trial court

within a week.
ii. The applicant after being
released on bail shall report to the
concerned trial court once in a
month.
iii. The applicant shall not leave
the country without prior
permission of the concerned trial
court and shall join trial court
proceeding on each and every date
without seeking unnecessary
adjournment.


(Rakesh Thapliyal, J.)
09.09.2026
Arti