Page No.# 1/4 GAHC010018242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/211/2025 RABIA KHATUN ALIAS RUBIA KHATUN W/O-KANTU MIA D/O-ASAN KHA R/O-VILL-NOONMATI P. S. AND P. S. -HOWLY DISTRICT-BARPETA ASSAM PIN-781316 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI PIN - 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 3:THE DEPUTY COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 781301 4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA Page No.# 2/4 DIST - BARPETA ASSAM PIN- 781316 5:THE ELECTION COMMISSION OF INDIA NEW DELHI PIN- 110001 6:THE STATE CO ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM PIN- 781316 ------------ Advocate for : K U 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. K.U. 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, representing respondent nos.2, 4 and 6; Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.3 and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for 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 19.12.2024 pursuant to impugned opinion dated 31.10.2019, passed by the learned Member, Foreigner’s Tribunal (10th), Barpeta in F.T. Case No. 847/2017. 3. The prayer for bail is opposed by the learned standing counsel for FT Page No.# 3/4 matters on the ground that the opinion impugned in the connected writ petition discloses that the applicant had received notice but subsequently failed to appear before the learned Tribunal. It is also submitted that the rendering of the previous opinion ought to have been brought to the notice of the learned Tribunal. 4. Be that as it may, as already opinion has been rendered in order dated 07.06.2018 passed in (Bpt/11th) F.T. 2376/2017 arising out of IM(D)T 8455/2017 passed by the learned Member, Foreigners’ Tribunal 11th, Barpeta the Court is of the considered opinion that the applicant, namely, Rabia Khatun @ Rubia Khatun 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 the 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. Page No.# 4/4 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 Superintendent of Police (Border), Barpeta to move this Court for cancellation of bail. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant