Page No.# 1/4 GAHC010164302025 2025:GAU- AS:13785-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2458/2025 ALTAP HUSSAIN S/O LATE SUKUR ALI, VILLAGE - CHAPRA, P.O. - JANIA, P.S. - BARPETA, DISTRICT- BARPETA, ASSAM. VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-1 4:THE STATE COORDINATOR OF NRC ASSAM DISPUR GUWAHATI-6. 5:THE DISTRICT COMMISSIONER BARPETA DISTRICT- BARPETA ASSAM. PIN-781301 6:THE SUPERINTENDENT OF POLICE (BORDER) Page No.# 2/4 BARPETA DISTRICT- BARPETA ASSAM. PIN-781301. 7:THE OFFICER IN CHARGE BARPETA POLICE STATION DISTRICT- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,N. UDDIN,R KHA Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T,SC, NRC BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 15.10.2025 (K.R. Surana, J) Heard Mr. M.I. Hussain, learned for the applicant. Also heard Mr. K. Gogoi, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. H. Kuli, learned counsel on behalf of Mr. A.I. Ali, learned Standing Counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, on being apprehended on 28.05.2025 in connection with and ex-parte opinion dated 02.09.2024, passed by the learned Member, Foreigners’ Tribunal-III, Barepta, in FT Case No. 977(III)/2017, arising out of Ref. IM(D)T/F.T. No. 255/2016, thereby declaring the applicant to be an illegal migrant/foreigner. 3. The prayer for release is opposed by the learned standing counsel for the Page No.# 3/4 FT matters on the ground that the applicant has defaulted in tendering evidence in the proceedings drawn up against him and that despite of granting reasonable opportunity to the applicant, he did not take steps before the learned Tribunal to adduce evidence in the case. 4. Be that as it may, as the applicant has been apprehended since 28.05.2025 and has spent about 141 days in custody, the Court is of the considered opinion that the applicant, namely, Altap Hussain, 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), Barpeta 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), Barpeta 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. 5. Thereafter, steps shall be taken by the Superintendent of Police (Border), Barpeta to have the applicant released from the Transit Camp at Matia, Goalpara, within 5 (five) days from the date of receipt of certified copy of this order. 6. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of the Superintendent of Police (Border), Barpeta without prior written intimation to the said authority, failing which, it would be open to Page No.# 4/4 the Superintendent of Police (Border), Barpeta to move this Court for cancellation of bail. 7. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant