Page No.# 1/5 GAHC010174152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2562/2025 SUKUR ALI S/O- LATE MESER ALI, R/O- VILL.- BARDHAP, P.O. JOYSAGAR, P.S. MUKALMUA, DIST. NALBARI, ASSAM, PIN- 781126 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI PIN- 781006. 3:THE DISTRICT COMMISSIONER KAMRUP METRO DIST. KAMRUP METRO HENGRABARI GUWAHATI ASSAM PIN- 781006. 4:THE DEPUTY COMMISSIONER OF POLICE (BORDER) KAMRUP METRO DIST. KAMRUP METRO ASSAM PIN- 781001. Page No.# 2/5 5:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001. 6:THGE OFFICER-IN-CHARGE SARTHEBARI NALBARI ASSAM PIN- 781307 Advocate for the Petitioner : MS. D GHOSH, MR. S. K. CHAKMA,MR A.K. HAJONG,MR. D K AGARWALA,MR I CHAKMA,MS N DEKA Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,GA, ASSAM,SC, ECI Linked Case : WP(C)/3728/2025 SUKUR ALI S/O- LATE MESER ALI R/O- VILL.- BARDHAP P.O. JOYSAGAR P.S. MUKALMUA DIST. NALBARI ASSAM PIN- 781126. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA SHASTRI BHAWAN NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR Page No.# 3/5 GUWAHATI PIN- 781006. 3:THE DISTRICT COMMISSIONER KAMRUP METRO DIST. KAMRUP METRO HENGRABARI GUWAHATI ASSAM PIN- 781006. 4:THE DEPUTY COMMISSIONER OF POLICE (BORDER) KAMRUP METRO DIST. KAMRUP METRO ASSAM PIN- 781001. 5:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001. 6:THGE OFFICER-IN-CHARGE SARTHEBARI NALBARI ASSAM PIN- 781307. ------------ Advocate for : MS. D GHOSH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 12.08.2025 (S.P. Khaund, J) Heard Ms. D. Ghosh, learned counsel for the applicant. Also heard Mr. B. Chakravorty, learned CGC, Mr. G. Sarma, learned Standing Counsel for FT matters, Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for ECI and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State. 2. By filing this interlocutory application, the applicant is seeking release/bail from the detention camp at Matia, Goalpara, where he is detained since 26.05.2025 pursuant to ex parte opinion dated 26.10.2018, passed by the learned Member Foreigners Tribunal No. 4th, Kamrup (Assam) in F.T. Case No. 149/15 FT (K (M)-4), arising out of F.T. Case No. 149/15 on 12.11.2015. 3. Considering that the applicant has been taken into custody since 26.05.2025, the Court is of the considered opinion that the applicant, namely, Sukur Ali 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 (M) 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 the releasing the applicant on bail, the Deputy Commissioner of Police (Border), Kamrup (M) shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and Page No.# 5/5 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. 4. Thereafter, steps shall be taken by the Deputy Commissioner of Police (Border), Kamrup (M) to have the applicant released from the detention centre within 3 (three) days from the date of receipt of certified copy of this order. 5. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Deputy Commissioner of Police (Border), Kamrup (M) without prior written intimation to the said authority, failing which, it would be open to the Deputy Commissioner of Police (Border), Kamrup (M) to move this Court for cancellation of bail. 6. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant