Page No.# 1/5 GAHC010135102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3555/2025 SWARBAL KHAN @ SORBAN KHAN S/O LATE AMDAT KHA @ AMJAD KHAN, VILL- JOGIGHOPA (TINIALI), P.S.- JOGIGHOPA, DIST- BONGAIGAON, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NEW DELHI-110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS OF ASSAM DISPUR GUWAHATI-6 5:THE DISTRICT COMMISSIONER BONGAIGAON DIST- BONGAIGAON ASSAM 6:THE SUPERINTENDENT OF POLICE (B) Page No.# 2/5 BONGAIGAON ASSA Advocate for the Petitioner : MR. A M KHAN, MR T T MONI Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, NRC,SC, F.T,GA, ASSAM Linked Case : I.A.(Civil)/2053/2025 SWARBAL KHAN @ SORBAN KHAN S/O LATE AMDAT KHA @ AMJAD KHAN VILL- JOGIGHOPA (TINIALI) P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NEW DELHI-110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS OF ASSAM DISPUR GUWAHATI-6 5:THE DISTRICT COMMISSIONER BONGAIGAON DIST- BONGAIGAON Page No.# 3/5 ASSAM 6:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON ASSAM ------------ Advocate for : MR. A M KHAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 26.08.2025 (K.R. Surana, J) Heard Mr. A.M. Khan, learned counsel for the applicant. Also heard Ms. B. Sarma, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Kalita, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Junior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant is seeking release/bail from the Holding Centre, Matia, where he is detained since 16.05.2025 pursuant to opinion dated 04.05.2024, passed by the learned Member, Foreigner’s Tribunal Bongaigaon No.2, Abhayapuri, in Case No. BNGN/FT-2/APR/31/2021, arising out of P.S. Jogighopa, BNGN/P.E No. 265/09. 3. Pursuant to order dated 19.08.2025, the learned Standing counsel for the FT matters has obtained and produced the records relating to Case No. BNGN/FT-2/APR/31/2021, arising out of P.S. Jogighopa, BNGN/P.E No. 265/09. 4. Pursuant to order dated 06.08.2025, the learned Standing counsel for the FT matters has produced the status report of the applicant namely, Swarbal Khan @ Sorban Khan received from the Superintendent, Holding Centre, Matia, Page No.# 4/5 Goalpara. 5. On a perusal of the medical report, it appears that the applicant who is 70 years of age has a complaint of respiratory distress for last 5 years with cough, body pain and general weakness and since 27.06.2025 he is on medication without any relief. He was also admitted to the Goalpara Civil Hospital on 28.06.2025 where he was admitted till 01.07.2025 and he is diagnosed of suffering from COPD with AE by the Medicine Specialist Doctor of Goalpara Civil Hospital. 6. The prayer for bail is opposed by the learned standing counsel for the FT matters but considering the nature of medical condition of the applicant the Court is of the considered opinion that the applicant, namely, Swarbal Khan @ Sorban Khan be released on bail, subject to compliance of the following conditions: a. The family members of the applicant shall appear before the Superintendent of Police (Border), Bongaigaon and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority. b. Before releasing the applicant on bail, the Superintendent of Police (Border), Bongaigaon 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. 7. Thereafter, steps shall be taken by the Superintendent of Police Page No.# 5/5 (Border), Bongaigaon to have the applicant released from the Holding Centre, Matia within 3 (three) days from the date of receipt of certified copy of this order. 8. As a further condition of bail, the applicant on release from the Holding Centre, Matia, Goalpara shall appear before the Jogighopa Police Station once a month and record his presence before the said Police Station. On appearance of the applicant before the said Police Station, the Officer-in-Charge of the said Police Station shall provide an acknowledgment of his appearance before the Police Station. 9. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant