Page No.# 1/4 GAHC010221772019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6850/2019 AINAL MANDAL S/O- LT SULEMAN MANDAL, VILL- DOMONI, P.S. BARPETA ROAD, DIST- BARPETA, ASSAM, 781329 VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN G.S.ROAD BHANGAGARH GHY-05 5:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSA Advocate for the Petitioner : MR. M DEKA, B BARMAN,MR. H ALI,MS. H G DAS,I Page No.# 2/4 HOQUE,MS. B LASKAR,MR. J ABBAS,MR. SURAJIT DAS,MR H BEZBARUA,MRS P RAI Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T Linked Case : I.A.(Civil)/3752/2024 AINAL MANDAL S/O- LT SULEMAN MANDAL VILL- DOMONI P.S. BARPETA ROAD DIST- BARPETA ASSAM 781329 VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN G.S.ROAD BHANGAGARH GHY-05 5:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM ------------ Advocate for : MR. J ABBAS Page No.# 3/4 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 MALASRI NANDI ORDER 22.05.2025 (K.R. Surana, J) Heard Mr. H. Ali, learned counsel for the applicant. Also heard Mr. B. Chakravorty, learned CGC, Mr. J. Payeng, learned standing counsel for the FT matters, and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State. 2. The learned counsel for the applicant prays for bail which is opposed by the learned Standing Counsel for the FT matters on the ground that the applicant was granted bail by order dated 08.12.2023. However, the applicant defaulted in appearing and absconded. After a lot of attempts by the Border Police, the applicant could be apprehended only on 02.09.2024 and thereafter, sent to the Transit Camp, Matia, Goalpara. Accordingly, it is submitted that in the event the applicant is granted bail, there is likelihood that he would abscond. Accordingly, he has also submitted that the applicant is disentitled to bail owing to his default, which is on record in this application. 3. Although we take serious note of the conduct of the applicant, which is that despite the order of bail granted on 08.12.2023, the applicant did not take bail and absconded. Nonetheless, as the applicant is detained in the Transit Camp, Matia, Goalpara for more than 8 (eight) months, the Court is inclined to allow the applicant to go on bail on the following conditions:- a) The family members of the applicant shall appear before the Page No.# 4/4 Superintendent of Police (Border), Barpeta 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 the 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 petitioner. c) The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. d) In the event the applicant intends to go out of the jurisdiction of Superintendent of Police (Border), Barpeta, he would give advance information in writing to the office of the Superintendent of Police (Border), Barpeta regarding the period he would be out of station and the place he would be visiting. e) In the event the Border Police upon enquiry do not find the applicant and his place of residence, it would be open to the said Authority to move this Court for cancellation of bail. 4. This interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant