Introduction:

In Kuldeep Singh Sengar v. CBI, the Delhi High Court granted interim bail to Kuldeep Singh Sengar, an expelled BJP leader convicted in the infamous Unnao rape case, to undergo cataract surgery at AIIMS, Delhi. The bench, comprising Justice Navin Chawla and Justice Harish Vaidhyanathan, allowed the bail on strict conditions, including Sengar furnishing a personal bond of ₹50,000 with one surety of a like amount and adhering to a fixed timeline for hospital admission, treatment, and surrender. This decision follows previous orders granting him interim bail on medical grounds, amidst opposition from the victim’s counsel citing security concerns and potential misuse of bail privileges.

Arguments by Sangar’s Counsel:

Sengar’s counsel submitted that AIIMS had advised the convict to undergo cataract surgery, necessitating admission on January 24. It was argued that his medical condition required immediate attention, as corroborated by medical records verified by AIIMS and the CBI. The defence emphasized that Sengar had adhered to all conditions of prior interim bail and sought a limited suspension of sentence purely for medical treatment. Citing earlier orders from September 5 and December 20, 2024, granting him bail on medical grounds, the counsel requested the court to allow him to exercise his right to healthcare.

Arguments by the Victim’s Counsel and CBI:

Advocate Mehmood Pracha, representing the victim, opposed the application, arguing that Sengar’s interim bail history suggested an attempt to manipulate the judicial process for prolonged leniency. Pracha emphasized that the December 20 order explicitly denied any further extensions of interim bail. He contended that Sengar could not dictate the timing of his treatment to perpetually delay his sentence. Pracha also highlighted grave security threats posed to the victim and her family, asserting that Sengar’s release could exacerbate these risks. However, the CBI, represented by its counsel, confirmed the genuineness of Sengar’s medical records and stated that the interim bail was limited to medical treatment, with no evidence of Sengar violating prior bail conditions.

Court’s Judgement:

The Delhi High Court granted interim bail to Kuldeep Singh Sengar to facilitate his cataract surgery at AIIMS, scheduled for January 24. The court directed that Sengar be released on January 23 upon furnishing a personal bond of ₹50,000 with one surety. It mandated his admission to AIIMS on January 24 and specified that if the surgery could not be conducted on that date, he must surrender by 7 PM the same day. Upon discharge, he is required to report back to jail by noon on January 27.

While acknowledging the victim’s counsel’s objections regarding the potential misuse of bail and threats to the victim, the court observed that there was no evidence of Sengar violating previous bail conditions. To address security concerns, the court directed that a Delhi Police constable remain stationed in the hospital ward where Sengar would be admitted, ensuring no more than two visitors at a time. Furthermore, a competent CBI officer was tasked to maintain daily contact with Sengar during his hospital stay.

The court clarified that no further extensions of interim bail would be entertained, reinforcing the finality of this limited relief. It emphasized that the current order was strictly for medical purposes and did not reflect on Sengar’s criminal conviction or sentence.