New Delhi: Delhi High Court on Wednesday sought the response of the CBI and expelled BJP leader Kuldeep Singh Sengar, who is serving a life term for raping a minor girl in Uttar Pradesh's Unnao in 2017, on a plea by the victim seeking cancellation of his interim bail.
Sengar has been granted interim bail to attend his daughter's wedding. His sentence has been suspended from January 27 to February 10 in the rape case and in another for which he is serving 10 years' imprisonment for the death of the rape victim's father in custody.
A bench of Justice Mukta Gupta and Justice Anoop Mendiratta issued the notice on the victim's application and listed it for further hearing on January 27, when Sengar is scheduled to be released from jail.
The victim, who was present in court, submitted in her application that there is a threat perception to her and her family and she has received information that Sengar is allegedly likely to harm them after being released.
Advocate Mehmood Pracha, representing the victim, claimed that the CBI has suppressed from the court certain facts, including that the Uttar Pradesh government filed an affidavit before the Supreme Court on November 16, 2022, in which the security risk to the girl and her family during Sengar's incarceration has been highlighted.
"Hence, the security risk to the applicant (victim) upon the enlargement of the appellant (Sengar), even for an interim period, poses a serious risk," the lawyer said.
He argued that the victim's apprehension regarding her and her family's safety has increased, especially when the convict is permitted to use his mobile phone.
The victim has sought recall of the January 16 order by which Sengar was granted interim bail in the rape case.
The CBI's counsel told the court that Sengar has not yet been released and he will be out on January 27.
The counsel for the CBI said a status report has been filed by the agency and it was found that two halls have been booked for the wedding ceremonies.
The high court was told that the 'sagan' ceremony of the expelled leader's daughter is scheduled for January 18 and the marriage fixed for February 8.
Sengar's appeal challenging the trial court's verdict in the Unnao rape case is pending in the high court. He has sought quashing of the December 2019 judgment of the trial court which sentenced him to imprisonment for the remainder of his life.
The girl was kidnapped and raped by Sengar in 2017 when she was a minor.
On March 13, 2020, Sengar was sentenced to 10 years' rigorous imprisonment, besides imposition of a fine of Rs 10 lakh, in the case of death of the rape victim's father in custody. The court had also awarded a 10-year jail term to Sengar's brother Atul Singh Sengar and five others.
The father of the rape victim was arrested at the behest of Sengar in a case under Arms Act and died in custody on April 9, 2018.
The trial court, which did not hold the accused guilty of murder under the Indian Penal Code (IPC), awarded the maximum sentence for culpable homicide not amounting to murder to the convicts under section 304 of the IPC after holding that there was no intention to kill.
The case was transferred to Delhi from the trial court in Uttar Pradesh on the directions of the Supreme Court on August 1, 2019.