Page No.# 1/5 GAHC010246032024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/3807/2024 OMAR ALI @ OMAR ALI SHIKDAR S/O LATE MONTAZ ALI @ MONTAZ ALI SHIKDAR R/O VILL- TELERIA MOUZA- PAKA P.O.-BHAWANIPUR P.S.-BARPETA DIST- BARPETA ASSAM PIN CODE-781352 VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA THE MINISTRY OF HOME AFFAIRS NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI-07 Page No.# 2/5 4:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST- BARPETA ASSAM 5:THE DISTRICT COMMISSIONER BARPETA P.O. AND P.S.-BARPETA ASSAM 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 7:THE DISTRICT ELECTION OFFICER BARPETA P.O. AND DIST- BARPETA ASSAM 8:THE STATE CO-ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI-5 ------------ Advocate for : MR. B K SEN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS Linked Case No. : WP(C)/6555/2024 OMAR ALI @ OMAR ALI SHIKDAR S/O LATE MONTAZ ALI @ MONTAZ ALI SHIKDAR, R/O VILL- TELERIA, MOUZA- PAKA, P.O.-BHAWANIPUR, P.S.-BARPETA, DIST- BARPETA, ASSAM, PIN CODE-781352 VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, THE MINISTRY OF HOME AFFAIRS, NEW DELHI Page No.# 3/5 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI-07 4:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST- BARPETA ASSAM 5:THE DISTRICT COMMISSIONER BARPETA P.O. AND P.S.-BARPETA ASSAM 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 7:THE DISTRICT ELECTION OFFICER BARPETA P.O. AND DIST- BARPETA ASSAM 8:THE STATE CO-ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI- Advocate for the Petitioner : MR. B K SEN, MR A HUSSAIN Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 04.03.2025 (K.R. Surana, J) Heard Mr. B.K. Sen, learned for the applicant. Also heard Mr. U.K. Goswami, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; Mr. M. Islam, 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 release/bail from the Transit Camp at Matia, Goalpara, where he is detained since 09.08.2024 pursuant to opinion dated 27.02.2020, passed by the learned Member, Foreigners Tribunal No. 1st, Barpeta in F.T. Case No. 89/18, corresponding to IM(D)T Ref. Case No. 1230/A/98. 3. The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Barpeta and the district administration to apprehend the applicant. 4. Considering that the applicant has been taken into custody since 09.08.2024 and has suffered detention for about 7 (seven) months, the Court is of the considered opinion that the applicant, namely, Omar Ali @ Omar Ali Shikdar 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 Page No.# 5/5 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 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), Barpeta without prior written intimation to the said authority, failing which, it would be open to 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