The Delhi High Court on Friday confined Unnao rape convict and expelled BJP leader Kuldeep Singh Sengar’s bail release to the marriage ceremony dates of his daughter.
The interim bail term of Sengar which was granted to him from January 27 to February 10 has been split into two intervals. The court has directed for interim bail from January 27 to 30, post which, he will surrender to police and again be released from February 6 to 9.
He will again surrender to police on February 10. Sengar was handed over life imprisonment in the case.
Today’s decision came after the victim on Wednesday moved the High Court against its order granting Sengar interim bail mentioning that she has been receiving information that he is going to harm her and her family during his release period.
Senior Advocate N. Hariharan appearing for Sengar said the juges had granted him bail on certain conditions. He added that Sengar, after release, has to report to the Lucknow SI and submit the pin of the mobile number so that he can be tracked wherever he goes.
Representing the victim, advocate Mehmood Pracha said that Sengar can stay in custody parole, insted of releasing him on interim bail.
“My submission remains that this is absolute discretion, the question remains whether it should be in his favour or victim’s family,” Pracha argued.
“Threat perception has been taken into consideration,” Sengar’s counsel told the court.
Pracha contended that even though the victim’s family has security, threats are there. He said that other lawyers, who are related to the case have filed pleas in the Supreme Court stating the threat perception.
Pracha said: “If he has sought bail for his daughter’s wedding then he should be allowed bail for only the days when the functions are there. Why so many days?”
The court noted that there may be some threat perception to the victim’s family.
The court noted that there are two main functions-January 30 (Tilak ceremony) and February 8 (Wedding)-at Gorakhpur and at Lucknow, respectively and there is gap between the two functions.
The victims’ application that she had moved on Wednesday read: “The apprehension of the Applicant as regards her safety, and that of her family, has increased, especially in consideration of the fact that the Appellant, upon being released on bail, is permitted to use his mobile phone, and he is likely to conspire with and influence his known persons in the administration in order to harass the present Applicant, and to create security risks.”
A division bench of Justices Mukta Gupta and Anoop Kumar Mendiratta had issued notice on the victim’s application and sought the response of the CBI.
A week back, the survivor had opposed the court’s decision of granting interim bail to Sengar via a video and written statement. She had expressed her apprehensions to President Droupadi Murmu, Prime Minister Narendra Modi, Union Home Minister Amit Shah, and Uttar Pradesh Chief Minister Yogi Adityanath, claiming that her and her family members’ lives are in threat.
In her letter shared on social media, she had also claimed that her uncle could not get an interim bail for her sister’s marriage due to a conspiracy hatched by Sengar’s family members.
On January 15, the court had granted bail to Sengar in the rape case and four days later he was granted bail in victim’s father’s custodial death case.
The bench had asked Sengar to report to the concerned Station House Officer on a daily basis during his bail period from January 27 to February 10 and furnish two sureties of Rs 1 lakh each.
In the rape matter, moreover, Justice Mukta Gupta had raised a concern saying that wedding ceremonies of Sengar’s daughters have been scheduled for so many days and everything can be completed in a few days.
In response, the counsel representing Sengar had submitted that he is the father and the ceremony dates are given by the priest.
Advocates for Sengar, had informed the court that as he is the only male member in the family, he has to make all the wedding arrangements, which are going to be held in Gorakhpur and Lucknow.
Meanwhile, the counsel representing the CBI had said that a status report has been filed by the agency and it was found that two halls have been booked for the wedding rituals.
The High Court, on December 22, 2022, had issued notice and directed the CBI to verify the facts of Sengar’s bail plea and place a status report on record. Justices Gupta and Poonam A. Bamba had directed the CBI.
Sengar’s plea against the trial court’s order in the rape case is pending in the high court with him having sought reliefs like quashing of the trial court’s December 16, 2019 judgment, which convicted him, and the December 20, 2019 order sentencing him to imprisonment till the rest of his life.
The trial court had convicted Sengar under various provisions of the IPC and also imposed a fine of Rs 25 lakh on him.
The trial started on August 5, 2019, after the Supreme Court on August 1 directed to transfer all five cases related to the matter from Unnao to Delhi.
The top court had directed to hold trial on a daily basis and complete it within 45 days.
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