Akhlima @ Aklima Begum vs Union Of India And 5 Ors

Hear Mr. S.B. Rahman, learned counsel for the applicant/ petitioner. Also heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India,

Mr. J. Payeng, learned standing counsel, Foreigners Tribunal, Mr. A. Bhuyan, learned standing counsel, Election Commission of India and Ms. L.

Devi, learned standing counsel, NRC, are present.

The applicant/petitioner before this Court has been declared a foreign national by the Foreigners Tribunal (4th), Darrang, Mangaldai vide order dated

24.06.2020 passed in F.T. 4th Case No.549/DHL/2015 [Reference IM(D)T Case No.6724/1998].

This order has been challenged before this Court in WP(C) No.968/2021.

The matter has now to be examined on its merit. But meanwhile an interlocutory application has also been filed by the applicant/petitioner seeking her

release on bail on various grounds.

We are not considering the merits of the case as of now but considering the difficult situation we are facing in this COVID-19 pandemic, which is in

its second wave, and we are also conscious of the fact that the jails and the detention centres where persons like the applicant/petitioner are presently

placed must also be decongested.

Under these extra-ordinary circumstances and for no other reasons but for the present COVID-19 pandemic situation, we are only inclined to release

the applicant/petitioner for an interim bail for a period of three months. The period of three months shall be counted from the date of her release.

We must also record that the counsel for the respondent/State Mr. J. Payeng though has sought time for filing an objection to a regular bail, but has

also very fairly stated that he will have no objection if the applicant/petitioner is only released for a limited period, keeping these extra-ordinary

circumstances of COVID-19 pandemic in mind.

Under these circumstances, we direct that the applicant/ petitioner be released on an interim bail for a period of three months on a personal bond and

a surety of Rs.5,000/- (Rupees Five Thousand). The jail authorities will be at liberty to take all the particulars including the bio matrix of the

applicant/petitioner before her release. However, the applicant/petitioner will not be deported from India. The applicant/ petitioner shall surrender

before the Superintendent of Police (Border), Darrang, Mangaldai after three months.

Put up before this Court on 6th September, 2021.

Meanwhile, Mr. S.B. Rahman, learned counsel for the applicant/ petitioner will always have the liberty to move an application for an expedite hearing

of the matter, since the records of this case had already been received.

Let copies of this order be given today itself.