Page No.# 1/4 GAHC010178692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/2628/2025 AKLIMA KHATUN W/O AFZAL HUSSAIN @ AFZAL HOQUE D/O LT. ANSER ALI @ ANSER ALI SK. VILL. ADABARI PT II P.O. P.S. AND DIST. DHUBRI ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY SECY. MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GUWAHATI 6 3:THE ELECTION COMMISSION OF INDIA REPRESENTED CHIEF ELECTION COMMISSIONER NEW DELHI1 4:THE STATE CO ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX Page No.# 2/4 2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI 6 5:THE DIST. COMMISSIONER DHUBRI P.O. P.S. AND DIST. DHUBRI ASSAM PIN 783301 6:THE SUPERINTENDENT OF POLICE (BORDER) DHUBRI P.O. P.S. AND DIST. DHUBRI ASSAM PIN 783301 ------------ Advocate for : MR. A R SIKDAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13.08.2025 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned counsel for the applicant. Also heard Ms. M. Das, learned counsel appearing on behalf of Mr. S.K. Medhi, learned CGC; Ms. A. Verma, learned standing counsel for the FT matters and NRC; Mr. H. Kuli, learned counsel appearing 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 Page No.# 3/4 release/bail from the Transit Camp at Matia, Goalpara, where she is detained pursuant to opinion dated 31.07.2025, passed by the learned Member, Foreigners’ Tribunal No.1, Dhubri, in F.T. Case No. 4494/D/11, arising out of Police Ref. ‘D’ Voter Case No. 345/D/07. 3. It is stated that after the delivery of the opinion on 31.07.2025, the applicant was taken into custody and sent to the Transit Camp at Matia, Goalpara. 4. The affidavit appended to this interlocutory application is sworn by one Baharul Islam, the son-in-law of the applicant. 5. The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that as the applicant has been held to be a foreigner of post 25.05.1971 stream, she cannot be given the liberty to remain outside as the applicant has to be deported out of the Country. 6. Be that as it may, as the applicant has been declared to be a foreigner by opinion dated 31.07.2025 and the said opinion has been assailed by filing the connected WP(C) 4580/2025, the Court is of the considered opinion that the applicant, namely, Aklima Khatun 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), Dhubri 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), Dhubri shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant. Page No.# 4/4 c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing her presence. 7. Thereafter, steps shall be taken by the Superintendent of Police (Border), Dhubri to have the applicant released from the Transit Camp on or before 19.08.2025 on receipt of certified copy of this order. 8. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of the Superintendent of Police (Border), Dhubri without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Dhubri to move this Court for cancellation of bail. 9. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant