Page No.# 1/5 GAHC010003362025 2025:GAU-AS:1305- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/56/2025 KUTUB ALI S/O LATE TUKAN SEIKH, VILL- KATAJHAR PATHER, P.O. AND P.S.- BARPETA ROAD, DIST- BARPETA, ASSAM, PIN-781315 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI-110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 4:THE DISTRICT COMMISSIONER BARPETA ASSAM PIN-781301 5:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM PIN-781301 Page No.# 2/5 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-0 Advocate for the Petitioner : MR. SURAJIT DAS, MR. J ABBAS,MS. B LASKAR,I HOQUE,MS. H G DAS,A S CHOUDHURY Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI Linked Case : WP(C)/89/2025 KUTUB ALI S/O LATE TUKAN SEIKH VILL- KATAJHAR PATHER P.O. AND P.S.- BARPETA ROAD DIST- BARPETA ASSAM PIN-781315 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI PIN-110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI-110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 4:THE DISTRICT COMMISSIONER Page No.# 3/5 BARPETA ASSAM PIN-781301 5:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM PIN-781301 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-04 ------------ Advocate for : MR. SURAJIT DAS 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. J. Abbas, learned for the applicant. Also heard Mr. M.R. Adhikari, learned CGC for respondent no.1; Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Barua, learned standing counsel for the ECI, respondent no.2; Mr. G. Sarma, learned standing counsel for the FT matters, respondent nos.3, 5 and 6; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.4. 2. By filing this interlocutory application, the applicant is seeking release/bail from the detention camp at Matia, Goalpara, where he is detained since 21.12.2024 pursuant to opinion dated 11.01.2024, passed by the learned Member, Foreigner’s Tribunal No.2nd, Barpeta in F.T.(2nd) Case No. 02/19, arising Page No.# 4/5 out of Reference Police IM(D)T Case No. 7813(A) dt 22/8. 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 21.12.2024, the Court is of the considered opinion that the applicant, namely, Kutub Ali 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 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 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), Barpeta 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), Barpeta without prior written intimation to the said authority, failing which, it would be open to the Page No.# 5/5 Superintendent of Police (Border), Barpeta to move this Court for cancellation of bail. 7. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant