Page No.# 1/4 GAHC010149862025 2025:GAU- AS:11889-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/2695/2025 ASIYA KHATUN ALIAS ACHIYA KHATUN W/O AKABBAR ALI D/O HARAN ALI R/O VILL- PALAHARTARI P.O. AND P.S. NAGARBERA DIST. KAMRUP ASSAM VERSUS THE UNION OF INDIA AND ORS REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI- 781006 3:THE DEPUTY COMMISSIONER KAMRUP P.O. P.S. AMINGAON DIST. KAMRUP ASSAM 4:THE SUPERINTENDENT OF POLICE (B) KAMRUP P.O. AND P.S. AMINGAON DIST. KAMRUP Page No.# 2/4 ASSAM ------------ Advocate for : MS. R GOSWAMI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 03.09.2025 (R. Mazumdar, J) Heard Mrs. P. Barman, learned for the applicant. Also heard Ms. S. Baruah, learned CGC; Ms. A. Verma, learned standing counsel for the FT mattes and NRC; Mr. M. Islam, on behalf of Mr. A.I. Ali, learned standing counsel for the ECI,; and Mr. P. Sarma, learned Additional Senior Govt. Advocate. 2. By filing this interlocutory application, the applicant is seeking release/bail from the Holding Centre, 7th APBn., Charaikhola at Kokrajhar, where he is detained since 25.05.2025 pursuant to opinion dated 18.09.2017, passed by the learned Member, Foreigners Tribunal No. 1, Kamrup (Rural) Ulubari, Assam in G.F.T. (R) Case No. 200/2017, arising out of IM(D)T Case No. 734/2002. 3. The applicant who had preferred WP(C) No. 46/2018 was directed to be released if not already released on her personal bond and two sureties by order dated 06.05.2021, passed by this Court. By another order dated 27.09.2021, this Court had observed that the applicant was required to appear before the Superintendent of Police (Border), Kamrup (Rural) within 15 (fifteen) days from 27.09.2021, who may obtain necessary information and documentation as required under the Rules from the applicant for securing her Page No.# 3/4 presence. On the failure of the applicant to inform the concerned Border Police regarding the grant of bail she was apprehended on 25.05.2025, and lodged at the Holding Centre, 7th APBn., Charaikhola, Kokrajhar. The husband of the petitioner had thereafter, preferred W.P. (Crl.) No. 40/2025, alleging that the whereabouts of the applicant herein/ his wife is not known after her apprehension. The W.P. (Crl.) No. 40/2025, has been closed today since the applicant has been traced to particular Holding Centre. By this interlocutory application, the applicant had prayed to grant her bail as had been allowed to her on 27.09.2021. 4. The prayer is opposed by the learned standing counsel for the FT matters who projects that it was the applicant’s fault in not adhering to the conditions laid down in the order dated 27.09.2021. We have heard the learned counsel for the parties and in view of the projection made in the writ petition and also in view of the fact that the Trial Court record has been received, the Court is of the considered opinion that the applicant, namely, Asiya Khatun @ Achiya 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), Kamrup (Amingaon) 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), Kamrup (Amingaon) 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. 5. Thereafter, steps shall be taken by the Superintendent of Police (Border), Kamrup (Amingaon) to have the applicant released from the detention centre within 3 (three) 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 Superintendent of Police (Border), Kamrup (Amingaon) without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Kamrup (Amingaon) to move this Court for cancellation of bail. 7. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant