Page No.# 1/5 GAHC010130772025 2025:GAU-AS:8799-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1964/2025 ABDUL KHALEK @ MD. KHALEK ALI @ KHALEK MIAH @ A KHALEK S/O- AHAD MIAH@SAMIR MIAH, R/O- VILL- GOMA, P.O. GOMAFULBARI, P.S. TARABARI, DIST- BARPETA, ASSAM VERSUS THE UNION OF INDIA AND ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE SUPERINTENDENT OF POLICE (B) MORIGAON P.O. AND DIST. MORIGAON ASSAM. 4:THE DEPUTY COMMISSIONER OF MORIGAON P.O. AND DIST. MORIGAON ASSAM. 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI. 6:THE N.R.C. CO-ORDINATOR NATIONAL REGISTER OF CITIZEN (NRC) Page No.# 2/5 ASSAM BHANGAGARH GUWAHATI-5 Advocate for the Petitioner : MR. A R SIKDAR, MR. S I TALUKDAR,MR A ALI,MR N AHMED Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, ECI,SC, F.T Linked Case : WP(C)/3129/2018 ABDUL KHALEK @ MD. KHALEK ALI @ KHALEK MIAH @ A KHALEK S/O- AHAD MIAH@SAMIR MIAH R/O- VILL- GOMA P.O. GOMAFULBARI P.S. TARABARI DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS SHASTRI BHAWAN TILOK MARG NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE SUPERINTENDENT OF POLICE (B) CITY GUWAHATI KAMRUP (M) ASSAM 4:THE DY. COMMISSIONER KAMRUP (M) GHY-1 Page No.# 3/5 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI 6:THE NRC CO-ORDINATOR NATIONAL REGISTER OF CITIZEN (NRC) ASSAM BHANGAGARH GHY-5 ------------ Advocate for : MR. A R SIKDAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.06.2025 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned counsel for the applicant. Also heard Ms. R. Devi, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Junior Govt. Advocate for the State respondent. 2. By an opinion dated 31.03.2018, passed by the learned Member, Foreigners Tribunal No.5, Kamrup (Metro) in F.T. Case No. 372/2016, corresponding to Police Case No. 3292/04, the applicant, namely, Abdul Khalek @ Md. Khalek Ali @ Khalek Miah @ A. Khalek was declared to be a foreigner of post 25.03.1971 stream. 3. The said opinion was assailed by the applicant by filing the connected WP(C) 3129/2018. This Court by order dated 12.08.2022 had granted bail to the applicant with conditions as incorporated in the said order. It would be suffice to Page No.# 4/5 mention that the applicant was required to furnish a bail bond of Rs.5,000/- with one local surety of like amount to the satisfaction of the Deputy Commissioner of Police (Border), Kamrup (Metro). 4. The learned counsel for the applicant has submitted that despite the applicant having been released on bail pursuant to order dated 10.05.2019, passed by the Supreme Court of India in WP(C) 1045/2018, the applicant was released on bail and the applicant was regularly appearing before the Tarabari P.S. and he has last appeared on 22.05.2025. 5. On 25.05.2025, the applicant was apprehended by the police and thereafter, he has been lodged at the Transit Camp at Matia, Goalpara. 6. The learned standing counsel for the FT matters has submitted that as per instruction received by him, though the applicant was released pursuant to the order passed earlier, but consequence upon order dated 12.08.2022, passed by this Court passed in the connected writ petition, the applicant had not submitted the bail bond. 7. Be that as it may, as the learned counsel for the applicant has submitted that the applicant has been appearing before the Tarabari P.S. regularly and he had last appeared on 22.05.2025, taking into consideration that pursuant to the applicant being apprehended on 25.05.2025 and he is currently lodged at the Transit Camp at Matia, Goalpara and in view of the bail already granted by order dated 12.08.2022, the Court is of the considered opinion that the applicant, namely, Abdul Khalek @ Md. Khalek Ali @ Khalek Miah @ A. Khalek be released on bail, subject to compliance of the following conditions: a. The family members of the applicant shall appear before the Deputy Commissioner of Police (Border), Kamrup (Metro) and furnish a Page No.# 5/5 fresh bail bond of Rs.5,000/- (Rupees five thousand only) with 1 (one) solvent sureties of like amount to the satisfaction of the said authority. b. Before releasing the applicant on bail, the Deputy Commissioner of Police (Border), Kamrup (Metro) shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. 8. Thereafter, steps shall be taken by the Deputy Commissioner of Police (Border), Kamrup (Metro) to have the applicant released from the Transit Camp within 3 (three) days from the date of receipt of certified copy of this order. 9. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Deputy Commissioner of Police (Border), Kamrup (Metro) without prior written intimation to the said authority, failing which, it would be open to the Deputy Commissioner of Police (Border), Kamrup (Metro) to move this Court for cancellation of bail. 10. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant