Today, On 19th January, The Delhi High Court rejected the bail plea of former BJP MLA Kuldeep Singh Sengar. The case relates to the custodial death of the father of the Unnao rape victim.
New Delhi: The Delhi High Court rejected a bail application from former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar on Monday, concerning the custodial death of the father of the Unnao rape victim.
Justice Ravinder Dudeja stated that although Sengar has spent approximately 7.5 years in custody out of a total sentence of 10 years, delays in resolving his appeal against conviction were partly due to Sengar’s multiple applications.
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As a result, the court denied his request for bail and suspension of the sentence.
The father of the Unnao rape survivor was arrested at Sengar’s direction and died in custody due to police brutality on April 9, 2018.
Sengar and others were convicted for his death by a Delhi court in March 2020 and received a 10-year prison sentence.
Importantly, the High Court had previously dismissed a similar plea from Sengar in June 2024, stating that,
“When factors like the gravity of the offence, nature of the crime, criminal antecedents of the convict, and impact on public confidence in the judiciary are considered, Sengar is not entitled to suspension of sentence.”
Earlier, On December 23, the Delhi High Court suspended Sengar’s sentence in relation to the 2017 case. The survivor, a minor, was reportedly kidnapped and raped by Sengar between June 11 and June 20, 2017, after which she was sold for Rs.60,000 before being recovered at the Maakhi police station.
According to Section 5 of the POCSO Act, the definition of aggravated penetrative sexual assault includes offenses committed by public servants, police officers, or others in trusted positions.
The trial court labelled Sengar as a public servant under this definition.
In its appeal to the Supreme Court, the CBI asserts that the High Court made a legal error by ruling that aggravated penetrative sexual assault under Section 5(c) of the POCSO Act was not established in Sengar’s case.
The CBI argues that a sitting MLA holds a constitutional position of trust and authority, responsible for public duties that impact both the State and the community.
According to the petition,
“High Court failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate, and that such position carries heightened responsibility arising from duties owed to the State and society.”
The CBI further claims that the High Court did not apply a purposive interpretation of the POCSO Act, aimed at protecting children from sexual offenses.
They assert that Section 5(c) is designed to penalize the sexual exploitation of minors by individuals who abuse their positions of power or authority.
Earlier, The survivor also alleged political interference in the case, claiming that influential leaders backed Sengar and asserting that powerful interests played a role in the outcome. She said she would approach the Supreme Court seeking justice.
She further accused Delhi Police of using force during a recent protest near India Gate, alleging that she and her family were prevented from holding a dharna and that she was mishandled despite her medical condition. She also claimed that activist Yogita Bhayana, who accompanied her, was detained and later released.
Kuldeep Singh Sengar was represented by Senior Advocate Manish Vashisht, alongside advocates Aishwarya Sengar, Vedansh Vashisht, Swapan Singhal, Kanhaiya Singhal, Avantika Shankar, and Shatakshi Singh.
The Central Bureau of Investigation (CBI) was represented by Special Public Prosecutor Anubha Bhardwaj and advocate Ananya Shamshery.
The victim was represented by advocates Mehmood Parcha, Kshitij Singh, and Kumail Abbas.
The survivor’s mother expressed serious concerns over their safety, alleging repeated attacks on the family in the past and claiming that their security cover had been withdrawn. She said the family feared further harm following Sengar’s release on bail and expressed a loss of faith in the Delhi High Court’s decision.
Background
The Unnao rape case has been marked by a series of tragic and controversial incidents involving the survivor’s family:
- April 2018: The survivor’s father was arrested under the Arms Act after an alleged complaint by Sengar’s associates. He later died in police custody. A post-mortem revealed 14 injuries on his body.
- July 2019: A day after the survivor wrote to the then Chief Justice of India seeking justice, a truck rammed into the car carrying her and her lawyer. Two of her aunts were killed in the crash. The survivor and her lawyer were seriously injured, and the lawyer later died.
- December 2019: Kuldeep Singh Sengar was convicted and sentenced to life imprisonment by a trial court.
The case dates back to 2017, when Sengar, who was later expelled from the BJP, allegedly kidnapped and raped a minor girl. In 2019, the Supreme Court transferred the rape case and related cases from a trial court in Uttar Pradesh to Delhi for impartial proceedings.
Case Title: Kuldeep Singh Sengar v Central Bureau of Investigation
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