Page No.# 1/5 GAHC010188692024 2025:GAU-AS:1303 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3001/2024 BHANU NESSA @ BHANU BIBI D/O- SAMEJ ALI @ SAMEJ MIAH @ MD. CHAMES, W/O- DANESH ALI (PRESENT HUSBAND), VILL.- KEOTKUCHI, P.S. BARPETA, DIST- BARPETA, ASSAM, PIN- 781316. VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-01. 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-1. 3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.-06. 4:THE CO-ORDINATOR OF NRC BHANGAGARH ASSAM GHY.-05. 5:THE DY. COMMISSIONER BARPETA ASSAM PIN- 782105. 6:THE SUPDT. OF POLICE (B) BARPETA Page No.# 2/5 DIST. BARPETA ASSAM PIN- 781316. 7:THE OFFICER-IN-CHARGE BARPETA POLICE STATION DIST.- BARPETA ASSAM PIN- 781316 Advocate for the Petitioner : MR. SK N MOHAMMAD, MR A IKBAL,MR. SK S N MOHAMMAD Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T Linked Case : WP(C)/8360/2019 BHANU NESSA @ BHANU BIBI D/O- SAMEJ ALI @ SAMEJ MIAH @ MD. CHAMES W/O- DANESH ALI (PRESENT HUSBAND) VILL.- KEOTKUCHI P.S. BARPETA DIST- BARPETA ASSAM PIN- 781316. VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECY. MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI-01. 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-1. 3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.-06. Page No.# 3/5 4:THE CO-ORDINATOR OF NRC BHANGAGARH ASSAM GHY.-05. 5:THE DY. COMMISSIONER BARPETA ASSAM PIN- 782105. 6:THE SUPDT. OF POLICE (B) BARPETA DIST. BARPETA ASSAM PIN- 781316. 7:THE OFFICER-IN-CHARGE BARPETA POLICE STATION DIST.- BARPETA ASSAM PIN- 781316. ------------ Advocate for : MR. SK N MOHAMMAD Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 07.02.2025 (K.R. Surana, J) Heard Mr. M.U. Mahumd, learned for the applicant. Also heard Mr. M.R. Adhikari, learned CGC for respondent no.1; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI, respondent no.2; Mr. G. Sarma, learned standing counsel for the FT matters, respondent nos.3, 4, 6 and 7; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.5. Page No.# 4/5 2. Pursuant to order dated 26.11.2020, passed in the connected WP(C) 8360/2019, the records of the Tribunal is received. 3. By filing this interlocutory application, the applicant is seeking bail. It is submitted that by opinion dated 15.07.2019, passed by the learned Member, Foreigner’s Tribunal No.1st, Barpeta in F.T. Case No. 51/17, arising out of IM(D)T Ref. Case No. 3606/98, the applicant has been declared as an illegal migrant. 4. The learned standing counsel for the FT matters has opposed the prayer for bail. 5. However, considering that the decision of the matter would take some time, the Court is inclined to provide that the applicant, namely, Bhanu Nessa @ Bhanu Bibi, if has not already been detained in custody, shall not be taken into custody and deported from the territory of India, on condition that she shall appear before the Superintendent of Police (Border), Barpeta within 10 (ten) days from today during the office hours and shall furnish a bail bond of Rs. 5,000/- (Rupees five thousand only) with one solvent surety of the like amount to the satisfaction of the said authority. Further, the Superintendent of Police (Border), Barpeta is directed that on appearance of the petitioner within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner shall be obtained, whereafter, she shall be allowed to remain on bail. 6. On her appearance before the Superintendent of Police (Border), Barpeta, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing her presence. 7. On failure of the applicant to appear before the Superintendent of Page No.# 5/5 Police (Border), Barpeta, the bail to the applicant would stand lapsed. 8. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant