Delhi High Court grants interim bail to Kuldeep Singh Sengar in custodial death case

The Delhi High Court Tuesday granted interim bail to former Bharatiya Janata Party (BJP) MLA and Unnao rape case convict Kuldeep Singh Sengar in the case connected to the custodial death of the rape victim's father [Kuldeep Singh Senger vs Central Bureau Of Investigation]..Justice Manoj Kumar Ohri today granted him bail on medical grounds after noting that Sengar was earlier granted medical bail by a Division Bench of the High Court in the rape case. Justice Manoj Kumar Ohri today “partly allowed” Sengar’s petition and granted him interim bail under the same considerations and for the same duration as set by the Division Bench.“Considering the import of the order passed by 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 Division Bench,” the Court directed..Sengar moved the Court seeking suspension of his sentence for 20 weeks, claiming he is suffering from various ailments which developed during his incarceration.Advocate Kanhaiya Singhal appeared for Sengar and stated that the Division Bench had granted him interim bail in the rape case but he could not be released due to his conviction in the custodial death case. He further submitted that Sengar has already undergone more than the half of the sentence awarded by the trial court. .Sengar’s plea was opposed by advocate Mehmood Pracha appearing for the survivor. He requested for a copy of the petition. However, the single-judge said that there can't be divergent opinions between two Benches when it comes to medical bail.“How can there be difference of opinion of two benches in medical bail?," the Court demanded. Special Public Prosecutor for Central Bureau of Investigation (CBI) submitted that the Division Bench order was passed for the limited purpose of ascertaining Sengar’s medical condition and not for medical treatment per se. .The Court then proceeded to grant Sengar interim bail till December 20, when Court will hear the application next..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, after which she was recovered at the Maakhi police station.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 traveling. 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..Advocate Kanhiya Singhal appeared for Sengar.Special Public Prosecutor Atul G. appeared for CBI.AdvocateS Mehmood Pracha, Sanawar, Jatin, Kshitiz and Nujhat appeared for the complainant.[Read order]