Unnao sexual assault case: Supreme Court stays Delhi High Court order granting bail to Kuldeep Sengar
The Delhi High Court had put on hold the life imprisonment awarded to Sengar, an expelled BJP leader, and granted him bail upon furnishing a personal bond of ₹15 lakh along with three sureties of the same amount.
PTC News Desk: In a major setback, the Supreme Court has put a stay on Delhi High Court's verdict granting bail to ex-BJP MLA Kuldeep Sengar in Unnao sexual assault case and said he will not be released from jail. The next hearing is scheduled to take place in January.
In his order to pause Kuldeep Sengar's bail in the 2017 Unnao rape case, Chief Justice of India Surya Kant said, "We have heard Solicitor General Mehta for the CBI and senior counsel for the convict. We find that several substantial questions of law arise. A counter-affidavit shall be filed within four weeks. While we are mindful that the court ordinarily does not stay release orders once a convict or undertrial has been freed, in view of the peculiar facts, where the convict has already been convicted in a separate case, we stay the operation of the Delhi High Court order dated December 23. Accordingly, the respondent, Kuldeep Singh Sengar, shall not be released pursuant to that order.”
On December 23, the Delhi High Court put on hold the life imprisonment awarded to Sengar, an expelled BJP leader, and granted him bail upon furnishing a personal bond of ₹15 lakh along with three sureties of the same amount. The court imposed stringent conditions, barring him from entering within a five-kilometre radius of the survivor’s home and from contacting, intimidating or threatening her or her mother. It made clear that any breach of these conditions would result in cancellation of bail.
During the hearing, the Chief Justice highlighted the far-reaching consequences of the interpretation adopted by the Delhi High Court, observing that if it were accepted, even a constable or a patwari could be treated as a public servant, while an MLA or MP might be excluded and seek exemption.
In its order, the Supreme Court noted that it normally does not stay bail orders granted by trial courts or High Courts without hearing the accused. However, it said the present case involved “peculiar facts”, pointing out that Sengar has already been convicted and sentenced under Section 304 Part II of the IPC in another case and is currently in custody in connection with that conviction.
The bench directed that the operation of the impugned bail order be stayed and clarified that Sengar will not be released in terms of the High Court’s decision.