Page No.# 1/4 GAHC010252422024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/393/2025 LUTFOR RAHMAN S/O- LT KALIMUDDIN, VILL NO. 1 ALOPATI CHAR, P.O. AND P.S. ALOPATICHAR, DIST- BARPETA, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS NEW DELHI- 110001 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE ELECTION COMMISSION OF INDIA REP. BY THE STATE ELECTION COMMISSIONER ASSAM HOUSEFED COMPLEX DISPUR GHY-6 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM ACHYUT PLAZA BHARALUPAR BHANGAGARH P.O. BHANGAGARH GHY-5 DIST- KAMRUP (M) ASSAM Page No.# 2/4 5:THE DY. COMMISSIONER BARPETA P.S. AND P.O. BARPETA DIST- BARPETA (ASSAM) PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM PIN- 781301 7:ABDUL MANNAN ADVOCATE BARPETA BAR ASSOCIATION BARPETA COURT P.O. BARPETA DIST- BARPETA (ASSAM) PIN- 78130 Advocate for the Petitioner : MR Z HUSSAIN, MS P BARMAN Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ELECTION COMMISSION.,SC, NRC BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 10.03.2025 (K.R. Surana, J) Heard Mr. Z. Hussain, learned counsel for the applicant. Also heard Ms. A. Gayan, learned CGC, Mr. M. Kalita, learned counsel appearing on behalf of Ms. P. Barua, learned Standing Counsel, ECI, Mr. G. Sarma, learned Standing Counsel, FT and NRC, Mr. R. Talukdar, learned Govt. Advocate and Mr. P. Sarmah, learned Additional Govt. Advocate for the State. 2. By filing this interlocutory application, the applicant is praying for suspension of the opinion impugned in the connected writ petition and/or to Page No.# 3/4 allow the applicant to go on bail. 3. The learned counsel for the applicant has submitted that notice in connection with the connected WP(C) No. 6999/2018 issued on 09.10.2018 and since then the writ petition was never listed. However, in the meantime, the Police Authority was searching for the applicant. Accordingly, it is apprehended that the applicant may be taken into custody pursuant to opinion dated 28.05.2018, passed by the learned Member, Foreigner’s Tribunal No. 6, Barpeta in Case No. FT-561/2015, corresponding to R/Case No. 6371/98, declaring the petitioner as a foreigner who has entered India illegally after 25.03.1971. 4. The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that the applicant could not be apprehended for about 7 years despite efforts by the District Administration and the Border Police. It is also submitted that the records of the Tribunal is received, the matter can be heard and disposed of. 5. It is noted that after 09.10.2018, the connected writ petition was never listed and this interlocutory application has been filed on 26.11.2024 and was reported by the Registry on 01.02.2025. Moreover, the examination of the records took some time. 6. Under such circumstances, the Court is inclined to grant bail to the applicant, namely, Lutfor Rahman, by providing that if he has not already been detained in custody, he shall not be taken into custody and deported from the territory of India, on condition that he 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 Page No.# 4/4 appearance of the applicant within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant shall be obtained, whereafter, he shall be allowed to remain on bail. 7. On his 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 applicant for securing his presence. 8. On failure of the applicant to appear before the Superintendent of Police (Border), Barpeta, the bail to the applicant would stand lapsed. 9. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant