Delhi High Court Grants Bail To Kuldeep Singh Sengar In Unnao Rape Case

The Delhi High Court on Tuesday granted bail to former Bharatiya Janata Party legislator Kuldeep Singh Sengar in the 2017 Unnao rape case, suspending his life sentence during the pendency of his appeal against conviction. The order was passed by a Bench of Justices Subramonium Prasad and Harish Vaidynathan Shankar in Kuldeep Singh Sengar v Central Bureau of Investigation and Anr, as reported by Bar & Bench.

While allowing the plea, the High Court imposed stringent conditions on Sengar. He has been directed not to enter within a five-kilometre radius of the survivor and to remain in Delhi for the entire period of bail. The court also ordered him to report to the police every Monday, warning that violation of any condition would lead to cancellation of bail. The restrictions reflect the court’s attempt to balance the rights of the convict with concerns around the survivor’s safety.

Strict bail conditions amid pending appeal

Sengar has challenged the trial court’s verdict convicting him of raping a 17-year-old girl. In December 2019, the trial court sentenced him to life imprisonment and imposed a fine of ₹25 lakh. According to the prosecution, the survivor, who was a minor at the time, was kidnapped and raped by Sengar between June 11 and June 20, 2017, and was later allegedly sold for ₹60,000 before being recovered from the Maakhi police station.

The prosecution further alleged that after her recovery, the survivor was repeatedly threatened and warned by police officials to remain silent, acting on Sengar’s instructions. An FIR was eventually registered against him for rape, kidnapping and criminal intimidation, along with offences under the Protection of Children from Sexual Offences (POCSO) Act. He was arrested following an order of the Allahabad High Court.

The case that shocked the conscience

In August 2019, the Supreme Court of India transferred the trial in four cases linked to the Unnao rape matter to Delhi and directed that the proceedings be conducted on a day-to-day basis, to be completed within 45 days. The apex court’s intervention underscored the extraordinary nature of the case and the concerns over fairness and delay.

While awarding the maximum sentence in December 2019, the trial court made scathing observations against Sengar. It noted that there were no mitigating circumstances in his favour and that, as a public servant in a democratic system, he had betrayed the trust reposed in him. The court held that even a single act of such depravity was sufficient to erode that trust, a remark that continues to resonate in public memory.

The case had taken a deeply controversial turn when a truck without a number plate rammed into the car carrying the survivor. While she and her lawyer were critically injured, two of her aunts died in the accident. A separate case was registered against Sengar in connection with the incident, adding to the gravity and outrage surrounding the matter.

However, in December 2021, a Delhi court discharged Sengar from the accident-related case, holding that there was no prima facie evidence to show that he had orchestrated the crash. The development, though legally reasoned, left lingering questions in the public domain, given the sequence of events.

Senior Advocates N Hariharan and Manish Vashisht, along with other advocates, appeared for Sengar. Special Public Prosecutor Anubha Bhardwaj, assisted by advocates Vijay Mishra and Ananya Shamshery, represented the Central Bureau of Investigation (CBI). Advocates Mehmood Pracha, Sanawar, Jatin Bhatt, Kshtij Singh and Kumail Abbas appeared for the complainant, while Advocate Urvi Mohan represented the Delhi Commission for Women.

The appeal against Sengar’s conviction remains pending before the High Court. While the grant of bail follows established legal principles governing suspension of sentence, the order is likely to be closely watched, given the case’s history and its wider implications for public confidence in the justice system.