Page No.# 1/3 GAHC010199272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/4132/2025 MD AJIJUL HAQUE S/O ABDUL SHEIKH VILL- POTIA CHAPORI P.S.- DHING DIST- NAGAON ASSAM PIN- VERSUS THE UNION OF INDIA REPRESENTED BY THE MINISTRY OF HOME AFFAIRS NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 3:THE DISTRICT COMMISSIONER MORIGAON DIST- MORIGAON ASSAM PIN-782105 4:THE SUPERINTENDENT OF POLICE (B) MORIGAON DIST- MORIGAON ASSAM PIN-782105 5:THE ELECTION COMMISSION OF INDIA Page No.# 2/3 NEW DELHI-110001 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH PIN-781032 ------------ Advocate for : MS. S K NARGIS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 18.12.2025 (K.R. Surana, J) Heard Ms. S.K. Nargis, learned for the applicant. Also heard Mr. H. Gupta, learned CGC; Mr. J. Payeng, learned standing counsel for the FT and Border matters; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned 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 07.07.2025, pursuant to ex parte opinion dated 22.04.2025, passed by the learned Member, Foreigners’ Tribunal No. (1st), Morigaon, in Case No. F.T. 59/2012, corresponding to Police Reference F.T. Case No. 77/2012, date- 20.02.2012. 3. The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that the applicant is a declared foreign national. 4. Considering the projection made in the connected writ petition and taking into consideration that the applicant is in custody since 07.07.2025, the Court is of the considered opinion that the applicant, namely, Md. Ajijul Haque Page No.# 3/3 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), Morigaon and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 1 (one) solvent sureties of like amount to the satisfaction of the said authority. b. Before releasing the applicant on bail, the Superintendent of Police (Border), Morigaon 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), Morigaon 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 the Superintendent of Police (Border), Morigaon without prior written intimation to the said authority. In the event the applicant leaves the jurisdiction, it would be open to the said authority to take the applicant into custody without any further orders of the Court. 7. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant