Page No.# 1/5 GAHC010002242025 2025:GAU-AS:1304- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/75/2025 NURUL HOQUE S/O- LATE AMIR HUSSAIN, VILL.- DAKSHIN BORSILA, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS 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 PIN- 781006. 3:THE DEPUTY 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.# 2/5 NEW DELHI-110001. 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH PIN- 781032 Advocate for the Petitioner : MR. A M AHMED, B DAS Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM Linked Case : WP(C)/6658/2024 NURUL HOQUE S/O- LATE AMIR HUSSAIN VILL.- DAKSHIN BORSILA P.S. MIKIRBHETA DIST. MORIGAON ASSAM VERSUS THE UNION OF INDIA AND 5 ORS 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 PIN- 781006. 3:THE DEPUTY COMMISSIONER MORIGAON DIST. MORIGAON ASSAM PIN- 782105. 4:THE SUPERINTENDENT OF POLICE (B) Page No.# 3/5 MORIGAON DIST. MORIGAON ASSAM PIN- 782105. 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001. 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH PIN- 781032. ------------ Advocate for : MR. A M AHMED 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 Date : 07.02.2025 (K.R. Surana, J) Heard Mr. A.M. Ahmed, learned for the applicant. Also heard Mr. M.R. Adhikari, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for the FT matters, respondent nos.2, 4 and 6; Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.3; Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Barua, learned standing counsel for the ECI, respondent no.5. 2. By filing this interlocutory application, the applicant is seeking release/bail from the detention camp at Matia, Goalpara, where he is detained since 14.09.2024 pursuant to opinion dated 06.11.2020, passed by the learned Member, Foreigner’s Tribunal No.3rd, Morigaon in Case No. F.T. 261/2016, arising out of Reference F.T. Case No. 44/2008. Page No.# 4/5 3. The prayer for bail is opposed by the learned standing counsel for the Home Department on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Barpeta to apprehend the applicant. 4. Be that as it may, considering that the applicant has been taken into custody since 14.09.2024, the Court is of the considered opinion that the applicant, namely, Nurul Hoque 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 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), Morigaon 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. 5. Thereafter, steps shall be taken by the Superintendent of Police (Border), Morigaon to have the applicant released from the detention centre 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), Morigaon without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Morigaon to move this Court for Page No.# 5/5 cancellation of bail. 7. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant