MC 1465/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. G.C. Phukan, learned counsel for the applicant and Mr. J. Handique, le arned State counsel appearing for the respondent Nos.2 and 3. None appears for the respondent No.1, though the name of the learned Central Government Counsel i s reflected in the cause list. The applicant, Smti. Swapna Shill, by the present application is seeking the pri vilege of bail in favour of Shri Bhaggeswar Seal, the petitioner in WP(C) No.411 2/2009, who has been taken into custody on 12th May, 2011. By judgment and order dated 12th June, 2008 passed by the learned Member, Foreig ners Tribunal, Hojai at Sankardev Nagar in Case No.F/T/H/134/2006, the writ peti tioner Shri Bhaggeswar Seal was declared to be a foreigner coming to India after 25th March, 1971 from Bangladesh. It appears from the said order that the writ petitioner contested the said proceeding by filing written statement and docume nts. The witnesses were also examined. A number of documents including the loa n bonds (Exhibits-B and C) were also proved to substantiate the writ petitioner’ s claim that his father came to India before 1966 and the petitioner was born in Assam. The Member, Foreigners Tribunal refused to take into consideration thos e documents on the ground that the loan bonds cannot determine the citizenship o f a person. It appears from the said loan bonds (Exhibits-B and C), which are available on r ecord of the learned Tribunal that those were executed sometimes in the year 195 9 and, therefore, in my prima facie view, have relevance in the matter of the pr oceeding before the learned Tribunal, in view of the provisions contained in Sec tion 6A of the Citizenship Act. That being the position I am of the view that it is a fit case where the privile ge of bail is to be granted to the writ petitioner Shri Bhaggeswar Seal and acco rdingly the respondents are directed to release Shri Bhaggeswar Seal on bail for Rs.10,000/- (Rupees Ten Thousand) with 2 (two) local sureties of like amount to the satisfaction of the SDJM, Hojai at Sankardev Nagar on condition that Shri B haggeswar Seal shall not leave the Sub-Division of Hojai without the written per mission from the said Court. His name also shall not be included in the voters list and if included shall be deleted. Bail application stands allowed.