Nirodh Trapdar@ Nirutchandra Tarapdar v. The Union of India and 6 Ors

ORDER

28.10.2024 [K.R. Surana, J]

Heard Mr. J. Abbas, learned counsel for the applicant. Also heard Mr. A.K. Dutta, learned CGC for the respondent No.1; Mr. J. Payeng, learned Standing Counsel, Home Department, for the respondent Nos. 3, 5, 6 & 7; Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Barua, learned Standing Counsel, ECI, for the respondent No.2 and Mr. H.K. Hazarika, learned Government Advocate for the respondent No.4. Page No.# 3/4 By filing this interlocutory application the applicant who is the writ petitioner in WP(C) Case No. 4800/2024 is seeking modification and altercation of the order dated 04.10.2024 passed in WP(C) 4800/2024. The learned counsel for the applicant has submitted that as a condition of bail, the applicant was directed to appear before the Superintendent of Police (Border), Barpeta within 17.10.2024 and furnished a bail bond of Rs. 5,000/- with condition attached therewith. However, the learned counsel for the applicant submitted that the records has since been transferred from the Office of Superintendent of Police (Border) Barpeta to the Office of the Superintendent of Police (Border) Baksa, having jurisdiction of the place of resident of the applicant, it is submitted that his bail bond was not accepted by the Superintendent of Police (Border), Barpeta. As the prayer made in the application is not objected to, the interlocutory application is allowed. The order dated 04.2024 passed in WP(C) 4800/2024 is modified permitting the applicant to modify in paragraph 5. The applicant namely Nirodh Tarapdar @Nirutchandra Tarapdar who is the petitioner in WP(C) 4800/2024, if not already detained in custody, shall not be taken into custody and deported from India on the condition that he will be appeared before the Superintendent of Police (Border) Baksa within the extended period of time to 14.11.2024 and shall furnish a bail bond of Rs. 5,000/- with one local surety like amount to the satisfaction of the said authority. On appearance of the petitioner the further direction contained in order dated 04.10.2024 in WP(C) 4800/2024 shall be complied with. This order shall be read together with the order dated 04.10.2024 passed Page No.# 4/4 by this Court in WP(C) 4800/2024. The interlocutory application stands dispose of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010223362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3268/2024o NIRODHoTRAPDAR@oNIRUTCHANDRAoTARAPDARo S/O-oNISHIoKANTAoTARAPDAR,o PERMANENToR/O-oVILLAGEo-oDALOGAON,o P.OoANDoP.S-oGOBARDHANA,oDIST-oBAKSAo(BTAD),oASSAM,oPIN-781315 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD NEWoDELHI-110001 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoDEPUTYoCOMMISSIONER oBARPETA oPIN-781301 5:THEoSUPERINTENDENToOFoPOLICEo(B) oBARPETA oPIN-781301 oASSAM Page No.# 2/4 6:THE SUPERINTENDENT OF POLICE (B) BAKSA MUSHALPUR PIN-781372 7:THE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD. BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M Advocate for the Petitioner : MR. J ABBAS, MR. SURAJIT DAS,I HOQUE Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA