Page No.# 1/4 GAHC010161732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/2656/2026 MD OMAR ALI ALIAS OMAR ALI S/O LATE NUR MOHAMMAD ALIAS NUR ALIAS NUR MOHAMMAD ALI R/O VILLAGE DHARAKOBA PT. II P.O. RADHAMADHAB HAT P.S. MANKACHAR SUB-DISTRICT MANKACHAR. DISTRICT-SOUTH SALMARA MANKACHAR ASSAM PIN 783131 VERSUS THE UNION OF INDIA AND OTHERS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA SASTRI BHAWAN NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 781006 3:THE DEPUTY COMMISSIONER OF POLICE B GUWAHATI CITY ULUBARI GUWAHATI 781007 Page No.# 2/4 4:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI 781036 5:THE DISTRICT COMMISSIONER AND DISTRICT ELECTION OFFICER SOUTH SALMARA MANKACHAR DISTRICT P.O. HATSINGIMARI PIN 783135 6:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI 110001 7:THE NATIONAL REGISTRAR OF CITIZEN REPRESENTED BY THE STATE CO-ORDINATOR ACHYUT PLAZA BHANGAGARH KAMRUP M ASSAM 781006 ------------ Advocate for : MS F INTAZ Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND OTHERS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.08.2026 (K.R. Surana, J) Heard Mr. M.A. Sheikh, learned for the applicant. Also heard Mr. R. Sarma, learned CGC for the respondent no.1; Ms. A.Verma, learned standing counsel for the FT and Borders matters, respondent nos.3 and 4; Ms. S. Katakey, learned standing counsel for the ECI, respondent no.5; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.2. Page No.# 3/4 2. By filing this interlocutory application, the applicant is seeking release/bail from the detention camp at Matia, Goalpara, where he is detained since 20.07.2026 pursuant to the opinion dated 20.07.2026, passed by the learned Member, Foreigners’ Tribunal, Kamrup (M) No. 2, Guwahati in F.T. Case No. 1561/2015 (P.S. Case No.135/2010). 3. The learned counsel for the applicant has submitted that the opinion by the learned Tribunal was rendered on 20.07.2026 and on the same date, the applicant was apprehended from the premises of the Tribunal and he was taken into custody and is present lodged at Transit Camp at Matia, Goalpara and accordingly, prays for bail. 4. The prayer for bail is opposed by the learned standing counsel for the FT and Borders matter. 5. Considering the projection made in the application, the Court is inclined to grant bail to the applicant, namely, Md. Omar Ali @ Omar Ali, who has been taken into custody since 20.07.2026, subject to compliance of the following conditions: (i) The family members of the applicant shall appear before the Deputy Commissioner of Police (Border), Kamrup (M) , Guwahati city 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. (ii) Before the releasing the applicant on bail, the Deputy Commissioner of Police (Border), Kamrup (M) , Guwahati city shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner. (iii) The said authority shall also obtain necessary information and Page No.# 4/4 documentation as required under the Rules from the applicant for securing his presence. 6. Thereafter, steps shall be taken by the Deputy Commissioner of Police (Border), Kamrup (M) , Guwahati city 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 Deputy Commissioner of Police (Border), Kamrup (M), Guwahati city without prior written intimation to the said authority, failing which, it would be open to the Deputy Commissioner of Police (Border), Kamrup (M) , Guwahati city to move this Court for cancellation of bail. 8. The learned standing counsel for the Border and FT matters is directed to transmit a down loaded copy of this order to the Superintendent of Transmit Camp, Matia, Goalpara by e-mail to bring the order to the notice of the said authority so as to prevent the expulsion of the petitioner from the Country. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant