Anil Kumar v. State (NCT Of Delhi)

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 799/2025 & CRL.M.A. 7402/2025 ANIL KUMAR .....Petitioner Through:

Mr. Siddharth Yadav, Advocate versus STATE (NCT OF DELHI) .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kr. Arya, Ms. Priyam Agrawal and Mr. Aryan Sachdeva, Advocates Insp. Vikash Yadav, PS Lahori Gate

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 07.03.2025 CRL.M.A. 7402/2025 (for exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(CRL) 799/2025 3.

The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') [Section 482 of the Code of Criminal Procedure, 1973 ('Cr. P.C.')] seeking grant of parole in FIR No. 430/1991 under Sections 302/330/348 of the Indian Penal Code, 1860 (IPC), Police Station (P.S.) Lahori Gate, for a period of sixty (60) days for attending last rituals of his deceased brother.

W.P.(CRL) 799/2025 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel for the Petitioner states that the Petitioner's brother expired on 03.03.2025 and the Petitioner is seeking this parole in the emergent circumstances to attend the last rituals of his brother which are scheduled from 09.03.2025 to 10.04.2025. He states that the application dated 05.03.2025 seeking parole has not been decided by the competent authority.

5.

He states that the Petitioner may be permitted to furnish cash surety and relies upon the order dated 31.01.2025 issued by the competent authority permitting cash surety while granting him furlough. 6.

Issue notice. Learned standing counsel accepts notice. 7.

He states that as per the Nominal Roll, the Petitioner has undergone actual incarceration of 10 years 5 months and 01 day and earned remission of 2 years 10 months and 25 days. He states that the Petitioner was recently enlarged on furlough on 01.02.2025 and he duly surrendered on 22.02.2025. He states that the factum of the death of the Petitioner's brother has been verified, and the statements of the neighbours to this effect will be filed during the course of the day. He states that the status report along with the statements and Nominal Roll will be filed on record during the course of the day.

8.

This Court has considered the submissions of the parties. 9.

This Court has perused the Nominal Roll.

10.

In view of the aforesaid verification, this Court deems it fit to grant parole to the Petitioner. In view of the emergent circumstances, the Petitioner is enlarged on parole for the duration w.e.f. 08.03.2025 (Saturday) until 10.04.2025 (Thursday) in FIR No. 430/1991 subject to furnishing a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand only) with W.P.(CRL) 799/2025 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

one cash surety of the like amount to the satisfaction of the Jail Superintendent subject to the following conditions:- i.

During the period the Petitioner remains out on parole, the Petitioner shall reside at the address mentioned in the memo of parties/Nominal Roll, and shall report to the SHO of the Police Station under which his residence falls, on every first and third Monday at 12 P.M., and will not be kept waiting for more than an hour.

ii.

The Petitioner shall also provide the said SHO with mobile telephone number which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the concerned SHO. iii.

The Petitioner shall not leave the National Capital Territory of Delhi during the period of parole, without the prior permission of this Court.

iv.

The Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case. v.

The Petitioner is directed to surrender before the jail authorities at the expiry of the period of parole i.e., on 11.04.2025 (Friday).

11.

Accordingly, the petition is disposed of. Pending applications (if any) are also disposed of as being rendered infructuous. 12.

Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

W.P.(CRL) 799/2025 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J MARCH 7, 2025/msh/AM Click here to check corrigendum, if any W.P.(CRL) 799/2025 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.