Page No.# 1/4 GAHC010037692025 2025:GAU-AS:5237-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/585/2025 JINNAT ALI S/O- LATE EYAKUB ALI R/O- VILL- KATAJHAR PATHAR P.S. BARPETA ROAD DISTRICT- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SHASTRI BHAWAN TILOK MARG NEW DELHI-1. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE DISTRICT COMMISSIONER OF BARPETA P.O. AND DIST. BARPETA ASSAM PIN-781301. 4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA P.O. AND DIST. BARPETA ASSAM Page No.# 2/4 PIN-781301. 5:THE ELECTION COMMISSION OF INDIA NEW DELHI -1. 6:THE STATE OF CO-ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 2D FLOOR BANPHOOL NAGAR DISPUR GUWAHATI-6. ------------ Advocate for : MR. A R SIKDAR 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 : 30.04.2025 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned for the applicant. Also heard Ms. A. Verma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. There is no representation for the Union of India. 2. By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, where he is detained since 20.12.2024 pursuant to opinion dated 08.11.2019, passed by the learned Member, Foreigners’ Tribunal No-2nd, Barpeta in F.T. (2nd) Case No. 353/16, corresponding to Reference Police IM(D)T Case No. 7088/B/98. 3. The prayer for bail is opposed by the learned standing counsel for the Page No.# 3/4 FT matters on the ground that after thorough discussion, the learned Tribunal had discarded the evidence on the ground that he has not been able to connect himself with the projected father. She has also opposed the prayer made in this application on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Barpeta and the district administration to apprehend the applicant. 4. Considering that the applicant has been taken into custody since 20.12.2024 and has suffered detention for about 4 (four) months, the Court is of the considered opinion that the applicant, namely, Junnat 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 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 territorial jurisdiction of Superintendent of Police (Border), Barpeta without prior Page No.# 4/4 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