CBI to challenge Delhi HC bail to Kuldeep Singh Sengar in Unnao rape case

The CBI will approach the Supreme Court against the Delhi High Court’s decision to suspend Kuldeep Sengar’s sentence and grant him bail in the 2017 Unnao rape case.

CBI to challenge Delhi HC bail to Kuldeep Singh Sengar in Unnao rape case

File photo of Kuldeep Singh Sengar, former BJP MLA convicted in the 2017 Unnao rape case, in New Delhi. (ANI Photo)

The Central Bureau of Investigation (CBI) will challenge the Delhi High Court’s decision to suspend former BJP MLA Kuldeep Singh Sengar’s life sentence and grant him bail in the 2017 Unnao rape case, a report said on Thursday.

After inspecting the High Court’s order, the agency has resolved to file a Special Leave Petition (SLP) before the Supreme Court at the earliest, seeking cancellation of the relief granted to Sengar.

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Delhi High Court order under challenge

Division bench of Justice Subramonium Prasad and Harish Vaidyanathan Shankar had suspended Sengar’s sentence and allowed him bail after he moved an appeal along with an application for suspension of sentence. The plea was opposed by both the CBI and the victim’s family, with the agency filing detailed replies and written submissions contesting the request.

The court granted bail subject to Sengar furnishing a bond of Rs 15 lakh. It also imposed restrictions, directing him to remain in Delhi, barring him from entering a five-kilometre radius of the area where the victim lives, and prohibiting any contact with the victim or her family.

Despite the bail order, Sengar will continue to remain behind bars, as he has not been granted bail in the separate case relating to the custodial death of the victim’s father, in which he was sentenced to 10 years’ imprisonment. His appeal in that matter is still pending before the High Court.

Arguments for and against bail

During the hearing, Sengar’s legal team argued that he does not hold the status of a public servant and raised questions over the age of the victim, claiming discrepancies across official documents. They submitted that the medical assessment of the victim’s age should be relied upon.

Opposing the plea, counsel for the victim highlighted concerns over her safety, pointing out that she had earlier been provided security, which was later withdrawn. Reference was also made to the custodial assault on her father, who later died, a case in which Sengar was convicted separately.

Victim protests, raises political concerns

Following the High Court’s order, the victim, accompanied by her mother and women’s rights activist Yogitha Bhayana, staged a protest at India Gate in the national capital.

The victim alleged that the suspension of sentence was timed with an eye on the 2027 Uttar Pradesh Assembly elections.

“I heard the judgment, and I felt very bad. I wanted to kill myself then and there, but I stopped after thinking about my family. Injustice has been done to us. Elections are coming, and he has been released on bail so that his wife can contest the polls. If such a rape accused will come out, how will we be safe?” the victim told ANI.

She appealed for the bail to be cancelled, saying she feared for her safety and expressing faith that the Supreme Court would intervene to restore justice.

With the CBI now preparing to move the apex court, the matter is expected to return to judicial scrutiny in the coming days.

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