Court says delay in appeal cannot justify bail as it was partly caused by Sengar’s own filings.
Survivor’s side argues Sengar’s release would threaten the victim and her family.
Defence cites long custody and questions evidence.
The Delhi High Court on Monday denied suspension of the 10-year sentence awarded to expelled BJP leader Kuldeep Singh Sengar in the case relating to the custodial death of the Unnao rape survivor’s father.
“No grounds are made out for grant of relief. The application seeking suspension of sentence is dismissed,” Justice Ravinder Dudeja said.
The judge noted that Sengar has spent nearly 7.5 years in jail out of the total punishment of 10 years. The relief could not be granted on the ground of delay in hearing his appeal as the delay, the court noted, was partly because Sengar had filed multiple applications during the pendency of his appeal against conviction.
Sengar has been in custody since April 13, 2018, and is serving a 10-year jail term in the custodial death case, apart from a life sentence in the minor rape case.
Conviction
On March 13, 2020, a trial court sentenced Sengar to 10 years’ rigorous imprisonment and imposed a fine of Rs 10 lakh in the case relating to the death of the survivor’s father while in custody.
The trial court observed that “no leniency” could be shown for killing a family’s “sole bread earner.” It also awarded a 10-year jail term to Sengar’s brother, Atul Singh Sengar, and five others for their role in the custodial killing of the rape survivor’s father.
While the court did not hold the accused guilty of murder under the Indian Penal Code, it awarded the maximum sentence for culpable homicide not amounting to murder under Section 304 of the IPC, holding that there was no intention to kill.
The father of the survivor was arrested at the behest of Sengar under the Arms Act and died in custody on April 9, 2018, owing to police brutalities.
The present bail plea before the Delhi High Court relates specifically to Sengar’s conviction in the custodial death case.
Arguments
Advocate Mehmood Pracha, appearing for the rape survivor, opposed the plea for suspension of sentence, arguing that Sengar’s release would pose a serious threat to the survivor and her family. It was submitted that the survivor continues to face harassment and defamation on social media, and that the gravity of the offence and its aftermath rule out any relief.
Senior advocate Manish Vasisth, along with advocate Kanhaiya Singhal, argued that Sengar has already spent nearly nine years in custody in the custodial death case, with only about 11 months of the sentence remaining.
The defence contended that Sengar was not present at the spot on April 3, 2018, when the assault on the survivor’s father allegedly took place. It was further submitted that the trial court relied on call detail records involving Sengar’s secretary, Santosh Mishra, who allegedly spoke to Sengar on the phone that day but was not examined as a witness.
The defence also pointed to alleged contradictions in witness statements, questioning their credibility. Counsel highlighted that during an earlier interim suspension of sentence granted for his daughter’s marriage, Sengar did not misuse the liberty granted to him.
Background
According to the prosecution, the minor survivor was lured on the pretext of a job on June 4, 2017, and raped at Sengar’s residence.
On April 3, 2018, when the survivor’s family travelled to Unnao for a court hearing, her father was allegedly assaulted in public. He was arrested the following day under the Arms Act and died in police custody on April 9, 2018, due to multiple injuries allegedly caused by police brutalities.
The cases arise from FIRs registered in 2018 at Makhi police station in Unnao, Uttar Pradesh, and were tried by the District and Sessions Judge (West) at Tis Hazari Courts in Delhi.
Sengar was convicted in the minor rape case in December 2019 and sentenced to imprisonment for the remainder of his life. His appeals against the rape conviction and sentence, as well as the custodial death conviction, are pending before the Delhi High Court.
On December 23, 2025, the High Court suspended Sengar’s sentence in the minor rape case till the pendency of his appeal. However, the Supreme Court stayed the order on December 29, 2025.
