Unnao Rape Case: Delhi HC Suspends Kuldeep Sengar’s Life Sentence, Sets Strict Conditions for Bail

The Delhi High Court on Tuesday suspended the life imprisonment awarded to expelled BJP leader and former Uttar Pradesh MLA Kuldeep Singh Sengar in the 2017 Unnao rape case , granting him conditional bail pending the outcome of his appeal.

A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar took note of the fact that Sengar has spent more than seven years in jail while his appeal against the December 2019 trial court conviction remains undecided. The court observed that continued incarceration for such a prolonged period, without the appeal being heard, could amount to a violation of Article 21 of the Constitution, which guarantees the right to life and personal liberty.

Despite the relief, Sengar, 59, will not be released immediately. He is currently serving a separate 10-year prison sentence in a case related to the custodial death of the survivor’s father. As a result, he will continue to remain in custody while his appeals are pending before the High Court.

While granting suspension of sentence till the disposal of Sengar’s appeal in the rape case, the court imposed stringent conditions for bail. Sengar has been directed to furnish a personal bond of ₹15 lakh along with three sureties of the same amount, all of whom must be residents of New Delhi. The bench also barred him from entering within a five-kilometre radius of the survivor’s residence and from making any attempt to threaten or influence the survivor or her family.

The court issued a clear warning that any violation of the bail conditions would result in immediate cancellation of relief. In addition, Sengar has been ordered to stay in New Delhi during the pendency of his appeal, deposit his passport with the authorities, and remain available to serve the remaining sentence if his conviction is ultimately upheld. He has also been directed to report to a designated police station every Monday at 10 am.

Addressing concerns about the survivor’s safety, the bench said she is expected to continue receiving CRPF protection. The court further directed the Deputy Commissioner of Police of the area where she resides to personally ensure and supervise her security arrangements.

Appearing on behalf of Sengar, senior advocate N Hariharan and advocate SPM Tripathi argued that keeping him incarcerated for more than seven years while the appeal is yet to be decided would violate Article 21 of the Constitution.

Rejecting the argument that Sengar should remain in custody due to threat perception to the survivor, the court said such a position was “not a tenable argument” and added that it would undermine “the laudable work of our police/paramilitary forces”.

The bench also recorded that accommodation for the survivor is being provided by the state and that the Delhi Commission for Women is responsible for ensuring suitable housing. It directed that these arrangements should continue and clarified that the survivor remains free to approach the court at any stage during the pendency of the appeal.