Page No.# 1/5 GAHC010027392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case :No I.A.(Civil)/455/2025 SAMIR ALI @ SAMIR MIA SON OF RIYAJUDDIN PERMANENT RESIDENT OF VILLAGE- KALTALI P.O.- BAHARIHAT P.S.- TARABARI IN THE DISTRICT OF BARPETA ASSAM. PIN- 781302. VERSUS UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT 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 PIN- 781301. Page No.# 2/5 5:THE SUPERINTENDENT OF POLICE (B) BARPETA 781301 ASSAM. 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-04. ------------ Advocate for : MR. J ABBAS Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 5 ORS Linked Case No. : WP(C)/867/2025 SAMIR ALI @ SAMIR MIA SON OF RIYAJUDDIN, PERMANENT RESIDENT OF VILLAGE- KALTALI, P.O.- BAHARIHAT, P.S.- TARABARI, IN THE DISTRICT OF BARPETA, ASSAM. PIN- 781302. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT 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 PIN- 781301. 5:THE SUPERINTENDENT OF POLICE (B) BARPETA Page No.# 3/5 781301 ASSAM. 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-04 Advocate for the Petitioner : MR. J ABBAS, MS. H G DAS,I HOQUE,MS. B LASKAR Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 24.03.2025 (K.R. Surana, J) Heard Mr. J. Abbas, learned for the applicant. Also heard Ms. J. Sarmah, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; Mr. R. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Govt. Advocate for the State respondent. 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 15.06.2019, passed by the learned Member, Foreigner’s Tribunal No-7, Barpeta in Case No. F.T. 11/2017, corresponding to R/IM(D)T Case No. 1094/97. 3. The prayer for bail is opposed by the learned standing counsel for the Page No.# 4/5 FT matters on the ground that the impugned opinion was passed on 15.06.2019 and after great effort of the border Police and the district administration, they were able to apprehend the applicant, who was absconding all along. He also submits that if the applicant is granted bail, there is every possibility of his further absconding. 4. Be that as it may, having seen that the applicant has been arrested and detained since 07.08.2024 and further considering that in the cause title of this interlocutory application, the age of the applicant is stated to be of 60 years, the Court is of the considered opinion that the applicant, namely, Samir Ali @ Samir Mia 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 securing his presence. 5. Thereafter, steps shall be taken by the Superintendent of Police (Border), Barpeta to have the applicant released from the Transit Camp 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 Page No.# 5/5 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. 7. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant