Page No.# 1/4 GAHC010042582025 2025:GAU-AS:2313 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/591/2025 MATIAUR RAHMAN ALIAS MATIUR RAHMAN S/O LT AHAN ALI , R/O-BARBALA HOWLY, BARPETA ,ASSAM PIN 781316 VERSUS THE UNION OF INDIA AND ORS REP BY THE MINISTRY OF HOME AFFAIRS, GOVT OF INDIA ,NEW DELHI 110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER ASHOKA ROAD NEW DELHI- 110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME GUWAHATI ASSAM PIN- 781006. 4:THE DISTRICT COMMISSIONER BARPETA ASSAM PIN-781301 5:THE SUPERINTENDENT OF POLICE(B) BARPETA ASSAM PIN-78130 Page No.# 2/4 Advocate for the Petitioner : DR G J SHARMA, MS. K BHATTACHARYYA Advocate for the Respondent : SC, NRC, SC, F.T,SC, ECI,DY.S.G.I.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 05.03.2025 (K.R. Surana, J) Heard Dr. G.J. Sharma, learned counsel for the applicant. Also heard Mr. D.J Das, learned CGC; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant has prayed for modification of the order dated 20.02.2025 passed in WP(C) 5978/2024. 3. The learned counsel for the applicant has submitted that the said order was passed in the premise that the applicant had not been detained. It is submitted that when the connected writ petition was filed, he was not instructed about the date of detention. Therefore, in the interlocutory application, it has been mentioned that the applicant is in detention since 07.08.2024. 4. The learned standing counsel for the F.T. matters has opposed the prayer for bail on the ground that the applicant has been declared to be a Page No.# 3/4 foreigner and therefore, he has been taken into custody. 5. Be that as it may, as the applicant has been apprehended on 07.08.2024 and since then he is lodged in the Transit Camp, Matia, Goalpara, in modification of the order dated 20.02.2025 passed in the connected WP(C) 5978/2024, Court is inclined to grant bail to the applicant namely, Matiaur Rahman @ Matiur Rahman, subject to compliance of 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. 6. Thereafter, steps shall be taken by 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. 7. 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 open to the Superintendent of Police(Border), Barpeta to move this Court for cancellation of bail. Page No.# 4/4 8. The interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant