The Delhi High Court on Tuesday granted interim bail to Kuldeep Singh Sengar, a former BJP MLA and convict in the Unnao rape case, in connection with the custodial death of the rape victim's father.
Justice Manoj Kumar Ohri on Tuesday granted interim bail to Kuldeep Singh Sengar on medical grounds, observing that he had previously been granted medical bail by a Division Bench of the High Court in the rape case.
The court “partly allowed” Sengar’s petition, extending interim bail under the same considerations and for the same duration as determined by the Division Bench.
“Considering the import of the order passed but the Division Bench, the appellant’s application is partly allowed, and the appellant is directed to be released on interim bail till December 20 on the same conditions and purpose as specified by the division bench,” the Court directed.
Kuldeep Singh Sengar approached the Delhi High Court seeking a 20-week suspension of his sentence, citing various ailments that developed during his iincarceration.
Advocate Kanhaiya Singhal, representing Sengar, argued that while the Division Bench had granted him interim bail in the rape case, he remained in custody due to his conviction in the custodial death case. Singhal also highlighted that Sengar had already served more than half of the sentence imposed by the trial ccourt.
The plea faced opposition from advocate Mehmood Pracha, representing the survivor, who requested a copy of the petition.
However, Justice Manoj Kumar Ohri observed that there could not be conflicting views between two Benches on the issue of medical bail.
“How can there be difference of opinion of two benches in medical bail?," the Court demanded.
The Special Public Prosecutor for the Central Bureau of Investigation (CBI) argued that the Division Bench's order granting interim bail to Kuldeep Singh Sengar was limited to ascertaining his medical condition and not intended for medical treatment.
Despite this, the Court granted Sengar interim bail until December 20, the next date of hearing.
Sengar, a former BJP MLA, was convicted in December 2019 for the rape of a minor survivor in Unnao and the custodial death of her father. The survivor, allegedly kidnapped and raped by Sengar between June 11 and June 20, 2017, was later sold for ₹60,000 before being recovered at the Maakhi police station. She was reportedly threatened by police officials on Sengar's instructions to remain silent.
The case garnered national attention after a truck without a number plate rammed into a car carrying the survivor, critically injuring her and her lawyer while killing two of her aunts.
In August 2019, the Supreme Court transferred four cases related to the Unnao rape incident to Delhi, directing day-to-day trials to conclude within 45 days. Sengar was subsequently sentenced to life imprisonment for the rape and 10 years in prison for the custodial death case.
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