Page No.# 1/5 GAHC010233912024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Advocate for the Petitioner : K U AHMED, Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM Case : I.A.(Civil)/196/2025 NAYEB ALI S/O LT. KHABIR UDDIN R/O BALARBHITHA P.S. SORBHOG (PRESENTLY BARPETA ROAD ) DIST. BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVERNMENT F INDIA SHASTRI BHAWAN NEW DELHI PIN 770001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER INDIA NEW DELHI PIN-110001 3:THE STATE OF ASSAM Page No.# 2/5 REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-6 4:THE STATE CO-ORDINATOR ASSAM NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-5 ASSAM 5:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST. BARPETA ASSAM PIN- 781301 6:THE DISTRICT COMMISSIONER BAJALI P.O. AND DIST. BAJALI ASSAM PIN-781325 ------------ Advocate for : K U AHMED Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 10.02.2025 (K.R. Surana, J) Heard Mr. K.U. Ahmed, learned counsel for the applicant. Also heard Mr. S.C.C Roy, learned CGC; Ms. P. Barua, learned Standing Counsel for ECI; Mr. G. Sharma, learned Standing Counsel for the Home Department and Mr. P. Sharma, learned Govt. Advocate for the State. 2. By filing this interlocutory application, the applicant, who is the petitioner in the interconnected WP(C)/611/2024, is praying for bail and to be released from the Transit Camp, Matia, Goalpara, where the applicant has been detained pursuant to his arrest on 19.12.2024. 3. The learned counsel for the applicant has submitted that the applicant was declared to be a foreigner by opinion dated 12.03.2024, passed by the learned Member, Foreigner’s Tribunal, Bajali in F.T Case No.437/2017. It is also submitted that the applicant was arrested during the pendency of the connected writ petition. 4. The learned Standing Counsel for the FT matters has opposed the prayer for bail on the ground that it has taken a lot of effort by the border police to investigate and apprehend the applicant. 5. Be that as it may, as per the affidavit filing in the connected writ Page No.# 4/5 petition, the projected age of the applicant is stated to be 65 years. Accordingly, on the said condition, the prayer for bail is allowed. 6. In that view of the matter, the Court is inclined to grant bail to the applicant on following conditions: a) The family members of the applicant shall furnish a bail bond of Rs.5000/- (Rupees five thousand only) along with one surety of like amount before the Superintendent of Police (Border), Barpeta, on behalf of the applicant, namely, Nayeb Ali to the satisfaction of the said authority. b) Further, within 3 (three) days from the submission of the certified copy of this order, as well as bail bond, the Superintendent of Police (Border), Barpeta, shall do the needful to take the applicant in his custody. c) On securing the custody of the applicant, the Superintendent of Police (Border), Barpeta, shall obtain the biometrics of the iris of both eyes and the fingerprints of both hands and the photographs of the applicant recorded and usual undertaking to appear before the Tribunal. a) The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. b) Within 3 (three) days from the receipt of a certified copy of this order as well as furnishing of the bail bond, the Superintendent of Police (Border), Barpeta shall take appropriate steps for having the applicant Page No.# 5/5 released on bail. 7. On release of applicant on bail, he is prohibited from leaving the territorial jurisdiction of the Superintendent of Police (Border), Barpeta without prior written intimation. 8. Accordingly, this interlocutory application stands allowed and disposed of on conditions as indicated above. JUDGE JUDGE Comparing Assistant