p. 1 $~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3771/2024 RADHEY SHYAM .....Petitioner Through: Mr. Anirudh Tanwar, Advocate (DHCLSC) versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumasr, Ms. Chavi Lazarus and Ms. Sanskriti Nimbekar, Advocates with SI Sunil, PS: Tilak Nagar CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 10.03.2025 CRL.M.A. 6694/2025 (for exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.A. 6693/2025 3. The present application has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking modification of the order dated 10.01.2025 to the extent that the Petitioner be released on 1st spell of furlough for a period of three (3) weeks on furnishing cash Surety of Rs. 10,000/-, without furnishing of Surety. 4. Learned counsel for the Petitioner/Applicant contends that vide order 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 02/07/2025 at 01:20:19 p. 2 dated 10.01.2025 this Court granted the 1st spell of furlough to the Petitioner/Applicant. 4.1. He states that despite endeavours the Petitioner/Applicant could not arrange one surety of Rs. 10,000/- owing to negligible means, long incarceration and because his family is residing in Village, Hakua Khokhipur, P.O. Aliganj Bazar, PS: Bandhua Kalan (Dhamour), District: Sultanpur, State of Uttar Pradesh. 4.2. He states that this Court in WP(CRL) No. 2292/2019 vide order dated 18.11.2019 had enlarged the Petitioner on furlough on furnishing cash surety along with personal bond of Rs. 10,000/- to the satisfaction of Jail Superintendent. 4.3. He states that on the similar lines the Petitioner was earlier released on furlough by the DG Prisons on furnishing cash Surety along with personal bond of Rs. 10,000/- to the satisfaction of the Jail Superintendent on 15.11.2017 and 26.04.2018. 4.4. He states that the Petitioner has duly surrendered to the Jail on each occasion. 5. Issue Notice, learned ASC for State accepts notice. 6. Learned ASC states that he does not have objection to relief sought in the present application, considering the fact that similar relief has already been granted to the Petitioner/Applicant in the past by Court as well as DG prisons. 7. This Court has heard the learned counsel for the parties and perused the records. 8. In view of the arguments of the parties and the orders relied upon by the Petitioner/Applicant, the present application is allowed and order dated 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 02/07/2025 at 01:20:19 p. 3 10.01.2025 is modified to the extent that the Petitioner be released on furnishing cash surety in sum of Rs. 10,000/- while the other terms remain unchanged. The condition of furnishing surety is hereby modified. 9. The application stands disposed of. 10. Copy of the order be sent to the Jail Superintendent for information and necessary compliance. MANMEET PRITAM SINGH ARORA, J MARCH 10, 2025/rhc/sk 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 02/07/2025 at 01:20:19