This order grants a petitioner requesting clarification for the acceptance of his bail bond by the Superintendent of Police, Nagaon, considering both his permanent and present residential addresses.
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GAHC010053802022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/994/2022 in WP(C)/5202/2019
ABDUL BARIK
S/O- LT ISMAIL @ ISMAIL ALI, VILL- SIMLAIPATHAR, P.O. KARAIKHANA, P.S. LANKA, DIST- HOJAI, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS. E REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001
2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6
3:THE DY. COMMISSIONER NAGAON DIST- NAGAON PIN- 782002
4:THE ELECTION COMMISSION OF INDIA NEW DELHI- 110001
5:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM GHY-5
6:THE SUPERINTENDENT OF POLICE (B) NAGAON DIST- NAGAON
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PIN- 78200
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON'BLE MR. JUSTICE NANI TAGIA
ORDER
08.06.2022
[ N. Kotiswar Singh, CJ(Acting) ]
Heard Mr. J.M. Sulaiman, learned counsel for the applicant. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent No.1 as well as appearing on behalf of standing counsel, NRC, for respondent No.5; Mr. G. Sarma, learned Special Counsel, FT, appearing for respondent Nos.2 and 6; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.4 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.3.
2. It has been submitted by the learned counsel for the applicant that when the applicant was proceeded, it was proceeded in his address given as Vill-Simlaipathar, PO-Karaikhana, PSLanka, District-Hojai, Assam. It has been submitted that though the said address is the permanent address of the applicant, the applicant is presently residing at VillageAdhakhunda, PS-Juria, District-Nagaon, Assam and as such, it has been submitted that because of the aforesaid change in the address, the Superintendent of Police (Border), Nagaon is not accepting his bail bond and surety. Being aggrieved, the applicant has filed this application before this Court seeking a necessary order to the effect that though the applicant
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is a permanent resident of Vill-Simlaipathar, PO-Karaikhana, PS-Lanka, District-Hojai, Assam, as mentioned in the writ petition, presently residing in Village-Adhakhunda, PS-Juria, DistrictNagaon, Assam.
3. It accordingly clarified that the Superintendent of Police (Border), Nagaon while accepting the surety and bail bond of the applicant/petitioner, shall also take into consideration the aforesaid two addresses of the applicant.
4. With the above clarification, I.A. stands disposed of.
Sd/- Nani Tagia Sd/- N. Kotiswar Singh JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
Abdul Barik
Union of India
State of Assam
Dy. Commissioner Nagaon
Election Commission of India
State Coordinator National Register of Citizens Assam
N. Kotiswar Singh
Nani Tagia
As recorded by the court registry
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