Kuldeep Vs State of NCT of Delhi

By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks parole for a period of 08 weeks.

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Notice on this petition was issued on 28.08.2025.

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Status report dated 01.11.2025 has been filed.

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Nominal roll dated 01.11.2025, as well as the SCRB report pertaining to the petitioner, are also on record.

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The court has heard Mr. Siddharth Satija, learned counsel appearing for the petitioner; and Ms. Rupali Bandhopadhya, learned ASC appearing for the State.

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W.P.(CRL) 2731/2025

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Page 1 of 4

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/01/2026 at 12:55:56

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At the outset, it is pointed-out by the learned ASC that the rejection order dated 13.08.2025 appended to the petition relates to a different convict, Prem Shankar @ Raju; and in view thereof, the State has placed on record the rejection order dated 12.08.2025 relating to the petitioner Kuldeep by which his parole application was rejected on the following grounds:

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“ 1. As per nominal roll, the convict had outraged the modesty of a girl in public and likely to cause harm to the girl and could repeat the offence.

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2. There are apprehensions that if parole is granted the convict may commit similar offence and there was a possibility of adverse impact on law and order.

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3. Police and Jail authorities have also not

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recommended the case. ”

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Mr. Satija submits, that as would be seen from nominal roll dated 01.11.2025, the petitioner has already been undergone more than 01 year and 09 months of custody as of that date, with about 11 months of sentence remaining.

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It is pointed-out that the petitioner’s overall jail conduct, as well as his jail conduct in the last one year, has been ‘satisfactory’; and he has been serving as ‘Ward Sahayak’ in prison.

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Furthermore, Mr. Satija submits, that the nominal roll as well as the SCRB record, also bear-out the fact that the petitioner has no other criminal involvements.

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In these circumstances, counsel submits, that the petitioner’s parole application has been rejected on grounds which relate to the offence for which he is serving sentence ; and in addition, the jail authorities have cited the baseless and hypothetical ground that if granted parole he would commit similar offences; while also saying that the police

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W.P.(CRL) 2731/2025

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Page 2 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/01/2026 at 12:55:56

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and jail authorities have not recommended that the petitioner be granted parole. Counsel submits, that all the grounds cited for denial of parole are wholly unfounded and untenable in law.

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On her part, learned ASC appearing for the State submits, that their opposition to the grant of parole is based on the reasoning contained in the rejection order dated 12.08.2025.

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Upon a conspectus of the facts and circumstances of the case, based on the submissions made, and what is disclosed in the status report, in the nominal roll as well as in the SCRB record, this court is persuaded to allow the present petition. Accordingly, the petitioner is hereby granted parole for a period of 04 weeks on the following conditions:

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12.1. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- (Rs. Ten Thousand Only) with 01 surety in the like amount from a family member, to the satisfaction of the Jail Superintendent;

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12.2. The petitioner shall not leave the State of Delhi without permission of the learned trial court and shall ordinarily reside at the address as per prison records/as mentioned in the petition;

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12.3. The petitioner shall present himself before the S.H.O., P.S.: I.P. Estate, Delhi every Monday between 11 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;

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12.4. The petitioner shall furnish to the S.H.O., P.S.: I.P. Estate, Delhi a cellphone number on which the petitioner may be

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W.P.(CRL) 2731/2025

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Page 3 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/01/2026 at 12:55:56

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contacted at any time and shall ensure that the number is kept active and switched-on at all times;

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12.5. If the petitioner has a passport, he shall surrender the same to the Jail Superintendent;

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12.6. The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any;

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12.7. Upon expiry of the period of parole, the petitioner shall surrender before the Jail Superintendent.

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The petition stands disposed of in the above terms.

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Pending applications, if any, also stand disposed-of.

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A copy of this order be sent to the concerned Jail Superintendent forthwith.

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ANUP JAIRAM BHAMBHANI, J

JANUARY 13, 2026

ss

W.P.(CRL) 2731/2025

Page 4 of 4

This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/01/2026 at 12:55:56

Kuldeep v. State of NCT of Delhi

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Kuldeep v. State of NCT of Delhi

Case brief

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