Unnao rape case: Kuldeep Sengar gets bail; survivor removed from protest site

Following the suspension of imprisonment of expelled BJP leader Kuldeep Singh Sengar in the Unnao rape case, the survivor, along with her mother and an activist, Yogita Bhayana, staged a protest near India Gate in Delhi in the late evening of Tuesday (December 23).

They were protesting the Delhi High Court's order suspending the sentence. However, Delhi police manhandled the protesters and removed them from the site.

Speaking to the news agency ANI, the survivor said that injustice had been done to her and her family. Citing the judgment, she stated that the sentence was suspended due to the Uttar Pradesh Assembly elections, which are scheduled for 2027.

"Elections are coming, and he has been released on bail so that his wife can contest the polls," she said, raising concerns about the safety of her family members now that Sengar was out of prison. "Everyone has become unsafe. We are scared that he has been released," she added.

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The survivor also said that she would appeal to the Supreme Court against the Delhi High Court's order. "His bail should be cancelled, and he should be sent back to prison. We will go to the Supreme Court. I have faith in the Supreme Court," the survivor said.

Bhayana, who was also present at the protest site, echoed the survivor's concerns about the safety of her family. Bhayana questioned the grounds on which Sengar was granted bail. She stated that the family had faced hardships since the crime occurred and was now under threat after the bail order.

Delhi High Court order

The Delhi High Court on Tuesday (December 23) suspended the jail term of Sengar, who was serving life imprisonment in the 2017 Unnao rape case, saying he had already served seven years and five months.

The court suspended his sentence till the pendency of his appeal challenging his conviction and sentence in the case. He has challenged a December 2019 trial court verdict in the case.

However, he will remain in jail since he is also serving 10 years' imprisonment in the custodial death case of the survivor's father and has not been granted bail in that case.

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Imposing several conditions, the Bench of Delhi High Court Justices Subramonium Prasad and Harish Vaidyanathan Shankar directed Sengar to furnish a personal bond of Rs 15 lakh with three sureties of the like amount. It also directed him not to come within a five-km radius of the survivor's residence in Delhi and not to threaten her or her mother.

"Violation of any of the conditions would lead to cancellation of bail," the High Court ordered.

Survivor's CRPF cover to continue

While observing the safety concerns of the survivor and her apprehension about danger to her life, the court said that she would continue to get CRPF cover.

"At the same time, however, the argument of keeping the appellant (Sengar) in custody because of threat perception to the victim/ survivor, in the opinion of this court, is not a tenable argument to deny the benefit of section 389 CrPC to the appellant," the bench said in its 53-page verdict.

It added that courts could not keep a person in custody due to the apprehension that security forces might not do their job properly. "Such an observation or such a thought process would undermine the laudable work of our police/paramilitary forces," the bench said.

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It said the three sureties must be the residents of Delhi and also directed Sengar to stay in Delhi during the pendency of his appeal. He should remain available to complete the remaining part of the sentence if found guilty.

The High Court also asked him to deposit his passport with the trial court and to report to the local police station every Monday at 10 am and listed his appeal before the roster bench on January 16, 2026, subject to orders of the Chief Justice.

Protection for the survivor

The Bench further said that letting Sengar be in jail when he had already spent about seven years and five months in prison would be a violation of Article 21 (protection of life and liberty) of the Constitution.

While noting the safety of the survivor, the court highlighted that the Supreme Court had transferred the trial from Uttar Pradesh to Delhi, keeping in mind her being vulnerable and her father having been killed, for which Sengar has been held guilty.

The court directed the Deputy Commissioner of Police of the area where the survivor currently resides to personally ensure and supervise the protection given to the victim during the pendency of the appeal.

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"The state is also providing for the accommodation of the victim. The Delhi Commission for Women is responsible for ensuring that the victim is provided sufficient accommodation and such arrangement is directed to be continued until further orders. In any way, the appeal is in this court, and it is always open for the victim to approach this court, if required," the Bench said.

Unnao sexual assault case

Sengar kidnapped the survivor while she was a minor and sexually assaulted her in 2017. The sexual assault case and other connected cases were transferred to Delhi from a trial court in Uttar Pradesh on the directions of the Supreme Court on August 1, 2019.

Sengar's appeal against his conviction in the case of the custodial death of the survivor's father is also pending, where he had sought suspension of sentence on the ground that he had already spent a substantial time in prison. He was sentenced to 10 years in jail in the custodial death case.

Survivor slams bail order

Talking to the news agency PTI, the survivor said she was not satisfied with the verdict.

"I have small children. There is an elderly, differently-abled mother-in-law and my husband at home. The safety of my children is the biggest concern," she said.

The survivor alleged that during the course of the trial, her family was repeatedly forced to make rounds of the court and questioned why security cover provided to her family members, legal aides and witnesses was withdrawn. "Usually, a verdict is pronounced within two or three days after the conclusion of arguments. But in this case, the decision came after three months. Even before the verdict, security for the family and witnesses was withdrawn," she alleged.

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The survivor further said, "In the serious crime where my father was murdered and I was subjected to sexual assault, the accused is granted bail after serving a few years in prison. This raises the question of what kind of justice this is."