Page No.# 1/6 GAHC010018002025 2025:GAU-AS:1700-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/221/2025 FULU MIA ALIAS FALU MIAH SON OF - LATE ABDUL MIAH @ ABDUL, RESIDENT OF VILLAGE- UDMARI, POLICE STATION- KALGACHIA, POST OFFICE- KALGACHIA, DIST.- BARPETA, ASSAM, PIN- 781319. VERSUS UNION OF INDIA AND ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, THE MINISTRY OF HOME AFFAIRS, NEW DELHI. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06. 3:THE DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI-07. 4:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST.- BARPETA ASSAM. Page No.# 2/6 5:THE DEPUTY COMMISSIONER BARPETA P.O. AND P.S.- BARPETA ASSAM. 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1. 7:THE STATE CO-ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI-5 Advocate for the Petitioner : Anowar Hussain, MR A HUSSAIN Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM Linked Case : WP(C)/6211/2024 FALU MIA @ FALU MIAH SON OF - LATE ABDUL MIAH @ ABDUL RESIDENT OF VILLAGE- UDMARI POLICE STATION- KALGACHIA POST OFFICE- KALGACHIA DIST.- BARPETA ASSAM PIN- 781319. VERSUS THE UNION OF INDIA AND 7 ORS Page No.# 3/6 REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA THE MINISTRY OF HOME AFFAIRS NEW DELHI. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06. 3:THE DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI-07. 4:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST.- BARPETA ASSAM. 5:THE DEPUTY COMMISSIONER BARPETA P.O. AND P.S.- BARPETA ASSAM. 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1. 7:THE STATE CO-ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI-5. ------------ Advocate for : MR. B K SEN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 18.02.2025 (K.R. Surana, J) Heard Mr. B.K. Sen, learned legal aid counsel for the applicant. Also heard Mr. K.K. Parasar, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate the State respondents. 2. By filing this interlocutory application, the applicant is seeking release/bail from the transit camp at Matia, Goalpara, where he is detained since 07.08.2024, pursuant to opinion dated 19.07.2024, passed by the learned Member, Foreigners’ Tribunal-5th, Barpeta in Case No. FT(5th)1119/17, corresponding to Reference IM(D)T Case No. 6502(A)98, by which the applicant was declared to be a foreigner of post 25.03.1971 stream. 3. The learned counsel for the applicant has submitted that on an earlier occasion, when the matter was listed on 27.11.2024, this Court had recorded that the applicant was apprehended and taken into custody on 07.08.2024. However, inadvertently, when the order dated 22.01.2025 was passed in this writ petition, the learned legal aid counsel could not inform the Court that the applicant was already apprehended and taken into custody and thus, this Court had granted bail to the applicant, which was conditional and operative if the applicant was not detained in custody. 4. Accordingly, the learned counsel for the applicant has renewed the Page No.# 5/6 prayer for bail made in this interlocutory application as the earlier bail order has become infructuous. 5. The learned standing counsel for the FT matters has opposed the prayer for bail on the ground that it has taken some effort by the border police and district administration to apprehend the applicant. 6. As the order granting bail to the applicant on 22.01.2025 was conditional and subject to the applicant not being detained in custody, the Court is of the considered opinion that the said order dated 22.01.2025 passed in the connected writ petition would not come in the way to entertain this application for bail. 7. Although the learned standing counsel for the FT matters has opposed the prayer for bail, but considering that the applicant is projected to be 66 years of age and further that the applicant has been in custody since 07.08.2024, the Court is of the considered opinion that the applicant, namely, Falu Mia @ Falu Miah 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 applicant. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for Page No.# 6/6 securing his presence. 8. 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. 9. 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 Superintendent of Police (Border), Barpeta to move this Court for cancellation of bail. 10. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant