Unnao Case: Activist hails HC's refusal to suspend Sengar's sentence

Activist Yogita Bhayana hailed the Delhi HC's refusal to suspend Kuldeep Sengar's sentence in the Unnao custodial death case. She called the ruling a 'fantastic judgment' that reinforces equality before the law for everyone, regardless of power.

Women's rights activist Yogita Bhayana, closely associated with the Unnao victim's family, welcomed the Delhi High Court's decision refusing to suspend the sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao custodial death case.

Calling it a "fantastic judgment," Bhayana said the ruling reinforces the principle that everyone is equal before the law and sends a strong message to those wielding power. She observed that the verdict underscores that wealth or influence cannot secure special treatment, and described it as an important affirmation of justice for ordinary citizens. Bhayana added that she has personally known the victim and her family, has visited them several times, and has witnessed first-hand the immense suffering they have endured over the years.

Delhi High Court's Decision

The Delhi High Court on Monday declined to suspend Sengar's sentence in the Unnao custodial death case, which relates to the death of the father of the Unnao rape survivor. The Bench has listed Sengar's appeal for a hearing before the roster Bench on February 3, 2026. Earlier, Sengar had been granted bail in the minor rape case on December 23, 2025. However, that order was stayed by the Supreme Court of India on December 29, 2025.

Arguments Against Sentence Suspension

Opposing the plea for relief, advocate Mehmood Pracha, counsel for the rape survivor, argued that Sengar does not deserve bail, citing an ongoing threat to the victim and her family. He submitted that the survivor has been subjected to harassment and defamation on social media through baseless allegations.

Defence Counsel's Arguments

On the other hand, senior advocate Manish Vasisth, along with advocate Kanhaiya Singhal, appeared for Sengar and opposed the submissions made on behalf of the victim. They contended that Sengar has been in custody for nearly nine years in the custodial death case and that only about 11 months of the sentence remain. It was also argued that Sengar was not present at the site on April 3, 2018.

Sengar's counsel further submitted that the trial court relied upon evidence under Section 61 of the CrPC concerning statements attributed to Sengar's secretary, Santosh Mishra, who allegedly spoke to the appellant over the phone on the day of the incident despite not being present at the spot. It was argued that Mishra was not examined by the court.

The defence also pointed to alleged contradictions in the statements of two prosecution witnesses, questioning their credibility and reliability.

Case Background and Conviction

Sengar, along with other accused, was convicted by the trial court at Tis Hazari Courts in 2018. He is also serving a life sentence in the minor rape case. These cases stem from FIRs registered in 2018 at Police Station Makhi, Unnao, Uttar Pradesh, and were decided by the District and Sessions Judge (West), Delhi.

The defence also highlighted that Sengar has been in jail since April 13, 2018, except for a brief period when he was granted an interim suspension of sentence by the High Court to attend his daughter's marriage, during which he did not misuse the liberty granted to him.

The background of the case dates back to June 4, 2017, when the minor daughter of the victim was allegedly enticed on the pretext of being offered a job and taken to Sengar's residence, where she was raped.

Subsequently, on April 3, 2018, when the victim's family travelled to Unnao for a court hearing, the survivor's father was allegedly brutally assaulted by the accused in broad daylight. The next day, he was arrested by the police on allegations of illegal possession of arms and later succumbed to multiple injuries while in custody on April 9, 2018.

Court's Rationale

While refusing to suspend the sentence, the High Court noted the gravity of the allegations and the sequence of events leading to the custodial death, underscoring the seriousness of the offence and the broader implications for the rule of law. (ANI)

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