Unnao Rape Case: No Relief for Kuldeep Sengar; Supreme Court Stays High Court’s Bail Order

New Delhi: The troubles of former MLA Kuldeep Singh Sengar, who has been convicted in the Unnao rape case, have increased once again. The Delhi High Court had recently approved his bail, but now the Supreme Court has put a temporary stay on this decision. This means that at present Sengar will not be allowed to come out of jail. This ban has been imposed on the petition of CBI, in which the agency had challenged the order of the High Court. CBI says that this matter is very serious and suspending the sentence in such a big crime can give a wrong message.

How much time did Sengar get to answer?

During the hearing, the Supreme Court has issued notice to Sengar. The court has directed the former MLA to file his side in writing within a week. During this period, the ban imposed on his release will remain intact. Now the next step will depend on Sengar's reply, and the Supreme Court will decide in the further hearing whether the bail order of the High Court was correct or not.

The matter is very serious: Tushar Mehta

Solicitor General Tushar Mehta told the Supreme Court that the victim was less than 16 years of age at that time and the case was registered under IPC section 376. He said in the argument that in Section 376(1) the minimum punishment is 10 years and the maximum is life imprisonment, and in Section 376(2) the minimum is 20 years and the maximum is life imprisonment as long as the accused is alive. Therefore, this is not a case worthy of reducing or suspending the punishment. Mehta said, “This is not just one case; it can become a precedent in future cases.”

What did the Delhi High Court say?

On December 23, the High Court had suspended Sengar's life sentence saying that he had already spent 7 years and 5 months in jail. The appeal is pending, so relief can be given till the final decision comes.  The bail will be with strict conditions. The conditions include not going within a radius of 5 kilometers from the victim's house in Delhi, not trying to intimidate the victim or her family, furnishing a personal bond of Rs 15 lakh, and three sureties. Interestingly, Sengar will still be in jail as he has not yet gotten bail in the case involving the custodial death of the victim's father.

What did the victim say?

During the protest in Delhi, the victim told the media: I have confidence in the Supreme Court. May I be protected so that I can fight without fear? Senger also tried to influence the judge and the investigating officer. The lives of my family and witnesses are in danger; they should be given security. She has also appealed to UP Chief Minister Yogi Adityanath to increase security.

Protest outside the Supreme Court

Mahila Congress demonstrated outside the Supreme Court premises before the hearing. The organizations say the victim still needs justice and protection and the relief given to Sengar sends the wrong message.