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NEW DELHI: The Unnao rape case survivor on Wednesday said that Kuldeep Singh Sengar’s bail and the Delhi high court decision is like “kaal (death)” for her family and said she will challenge the order in the Supreme Court.“HC decision like ‘kaal (death)’ for us, will challenge order in SC,” the survivor told PTI after the Delhi high court on Tuesday granted bail to expelled BJP leader Kuldeep Singh Sengar and suspended his life sentence in the 2017 Unnao rape case.The Delhi high court granted bail to Sengar while suspending his life sentence, holding that he cannot be kept in jail only on the basis of the threat perception of the victim in the Unnao rape case.While allowing Sengar’s application under Section 389 of the CrPC, the court said, “Kuldeep Singh Sengar can’t be kept in jail only because of the threat perception of the victim in Unnao Rape case,” and added that courts cannot deny bail merely out of apprehension that security agencies may fail in their duty.“At the same time, however, the argument of keeping the appellant (Sengar) in custody because of threat perception to the victim/ survivor, in the opinion of this court, is not a tenable argument to deny the benefit of section 389 CrPC to the appellant,” the bench said in its 53-page verdict.
The bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar observed that such an approach would undermine the work of security forces. “Such an observation or such a thought process would undermine the laudable work of our police/paramilitary forces,” the court said.Suspending Sengar’s sentence till the pendency of his appeal against the December 2019 trial court verdict, the high court noted that he has already spent about seven years and five months in prison and that continued incarceration would violate Article 21 of the Constitution.
The appeal has been listed before the roster bench on January 16, 2026, subject to orders of the chief justice.The court imposed several conditions while granting bail, directing Sengar to furnish a personal bond of Rs 15 lakh with three sureties of the same amount. It ordered that all three sureties must be residents of Delhi and directed Sengar to stay in the national capital during the pendency of his appeal. He was also asked to deposit his passport with the trial court and to report to the local police station every Monday at 10 am.Sengar has been barred from entering within a five-kilometre radius of the survivor’s residence and from threatening or contacting her or her mother. “Violation of any of the conditions would lead to cancellation of bail,” the high court said. The court also said he should remain available to complete the remaining part of the sentence if found guilty.On the safety of the survivor, the court said it expects that she will continue to get CRPF cover and directed the deputy commissioner of police of the area where she is residing to personally ensure and supervise her protection during the pendency of the appeal.“The state is also providing for the accommodation of the victim. The Delhi Commission for Women is responsible for ensuring that the victim is provided sufficient accommodation and such arrangement is directed to be continued till further orders,” the bench said, adding that the survivor is free to approach the court if required.The high court noted that the Supreme Court had earlier transferred the trial from Uttar Pradesh to Delhi keeping in mind the survivor’s vulnerability and the custodial death of her father, for which Sengar has been convicted.Despite the suspension of sentence in the rape case, Sengar will continue to remain in jail as he is also serving a 10-year sentence in the custodial death case of the survivor’s father and has not been granted bail in that matter. His appeal in the custodial death case, in which he has sought suspension of sentence, is also pending.Reacting to the order, the survivor told PTI that she was not satisfied with the verdict.“I have small children. There is an elderly, differently-abled mother-in-law and my husband at home. The safety of my children is the biggest concern,” she said.She alleged lapses during the trial and withdrawal of security cover. “Usually, a verdict is pronounced within two or three days after the conclusion of arguments. But in this case, the decision came after three months. Even before the verdict, security for the family and witnesses was withdrawn,” she alleged.The survivor further said, “In the serious crime where my father was murdered and I was subjected to rape, the accused is granted bail after serving a few years in prison. This raises the question of what kind of justice this is.”Sengar was convicted for kidnapping and raping a minor in 2017. The rape case and other connected matters were transferred from Uttar Pradesh to Delhi on the directions of the Supreme Court on August 1, 2019.
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