No bail from Supreme Court to Kuldeep Singh Sengar in custodial death case; HC asked to hear appeal on priority

The Supreme Court on Monday refused to interfere with the Delhi High Court's denial of bail to former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in the case related to the custodial death of the father of Unnao rape victim [Kuldeep Singh Sengar v Central Bureau of Investigation].  

A Bench of Chief Justice of India (CJI Surya Kant and Justices Joymalya Bagchi and NV Anjaria declined to grant relief after noting that the matter involved offences of "moral turpitude".

The Court nevertheless noted that the appeal by Sengar against his conviction is pending before the High Court and said that same can be taken up and heard on priority along with the victim's appeal to enhance the sentence of 10 years imprisonment.

"We grant liberty to the appellant in that case (victim) to mention the same before High Court. Let Delhi High Court take up the appeal within one week and if High Court finds that the appeal can be decided along with the appeal by Sengar, then both can be heard and decided together. If that requires change in composition of the bench, the same can be done as well," the apex court said.

The Unnao rape survivor’s father was arrested at Sengar's behest and he died in custody on April 9, 2018 due to police brutality. Sengar and others were convicted over his death by a Delhi court in March 2020 and were sentenced to 10 years imprisonment.

The Unnao rape survivor, a minor, was allegedly kidnapped and raped by Sengar between June 11 and June 20, 2017. She was then sold for ₹60,000. The survivor was thereafter continuously threatened and warned by the police officials against speaking out, as instructed by Sengar.

The case took a controversial turn after a lorry without a number plate rammed into the car in which the victim was travelling. The victim and her lawyer were critically injured while two of her aunts passed away.

In August 2019, the Supreme Court transferred the trial in four cases relating to the Unnao rape case to Delhi and ordered that the same be held on a day-to-day basis and completed within 45 days.

Sengar was convicted in December 2019 for the rape of the minor victim as well as for the custodial death of the victim’s father. He was sentenced to life-imprisonment in the rape case and sent to jail for 10 years in the custodial death case.

On January 19, the High Court rejected his bail plea in the custodial death case leading to the present appeal before the top court.

During the hearing today, Senior Advocate Siddhartha Dave, appearing for Sengar said that he has already spent more than 9 years in jail.

"9 years and 7 months completed out of a term of 10 years. The High Court says period of incarceration not important," Dave said.

He also pointed out that some co-accused were released on bail after serving their sentences.

Solicitor General Tushar Mehta, appearing for CBI, pointed out that the victim's appeal for enhancement of sentence is listed before the High Court on February 11.

The Court eventually did not grant any relief but said Sengar's appeal before the High Court can be heard along with the victim's.

Recently, the Delhi High Court had granted Sengar bail in the rape case. However, the order was stayed by the Supreme Court after the CBI filed an appeal.

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