Unnao custodial death case: Delhi HC grants interim bail to former BJP MLA Kuldeep Sengar

On Monday, the high court had granted bail to Sengar between January 27 to February 10, directing him to report to the station house officer concerned on a daily basis during his release period and to furnish two sureties of Rs 1 lakh each. Monday’s bail was granted in the matter challenging the December 2019 judgment of the trial court pertaining to the rape conviction and life imprisonment.

On Thursday, appearing for the complainant, advocate Mehmood Pracha submitted that the matter before Justice Sharma and the one before the division bench were completely different. He argued that when the matter was before the Supreme Court, the Uttar Pradesh government and Centre had filed affidavits that the threat perception with respect to the complainant’s family continues.

He said that Sengar is a “vindictive person and can go to any extent” and has enough clout. With respect to the argument on clout, Pracha submitted that Sengar’s in-laws are very powerful people. The rape victim’s sister, who was present in court, said, “Main anaath hoon. Agar inko bail de diya toh ye mujhe maar denge. (I am an orphan. If he is granted bail, he will kill me).”

She vehemently said that although Sengar has claimed in his bail plea that he is only male left in the family hence he needs bail to make arrangements for his daughter’s wedding, whereas there are four MLA’s in Sengar’s family. The court noted the sister’s apprehension that if Sengar is granted bail he will misuse it and sought that he may be admitted to interim bail in the custody of Delhi Police or a police officer may continue to stay with him through this period.

Sengar had argued before the division bench that the wedding rituals and ceremonies would be held in Gorakhpur and Lucknow, and being the only male family member, he has to make the arrangements.

On March 13, 2020, the trial court convicted Sengar of culpable homicide not amounting to murder and sentenced Sengar to 10 years’ rigorous imprisonment and imposed a fine of Rs 10 lakh after the victim’s father – who was allegedly framed and arrested in an illegal arms case – died in judicial custody days later on April 9, 2018 in the death case of Unnao rape victim’s father.