CBI Opposes Kuldeep Singh Sengar’s Plea for Sentence Suspension in Unnao Custodial Death Case

The Central Bureau of Investigation (CBI), on Wednesday, 13 August 2025, objected to Kuldeep Singh Sengar’s plea seeking suspension in the custodial death case of the Unnao rape victim's father, a relief he sought on medical grounds.

Sengar was convicted and sentenced to ten years in prison by a trial court in a custodial death case of the father of the Unnao rape case victim.

Justice Ravinder Dudeja granted time to Senior Advocate Manish Vashishta, appearing for Kuldeep Sengar, to place judgments supporting his contention and listed the matter for hearing on 21 August.

Appearing for the CBI, Special Public Prosecutor Ravi Sharma opposed Sengar’s plea while relying on the Supreme Court decision in State of Maharashtra v. Captain Buddhikota Subha Rao. He submitted that a successive bail application or suspension of sentence application is maintainable only when there is a material change in circumstances.

The CBI referred to an earlier order by Justice Swarana Kanta Sharma, in which the Delhi High Court had already rejected Sengar’s plea seeking suspension of his 10-year sentence in the custodial death case.

“My Lords, there is no change in circumstances pleaded in that application. The only change in circumstances, if it can be called that, relates to medical reasons. That application is, in fact, is on medical grounds only,”  CBI submitted.

The CBI argued: “So my contention is this: you make an application, and in order to show a change in circumstances, you only plead medical grounds. But when you come to court and argue, you attempt to re-agitate all other issues that were already adjudicated five or six months ago. Under the garb of this application filed on medical grounds, you now  re-agitate all those issues which were already dismissed by the June order.’ Can that be permissible? The answer is no, My Lords.”

Advocate Mehmood Pracha, appearing for the Unnao rape victim, argued, “Once the application was rejected, there is no question of granting a similar prayer. That would virtually amount to overruling the earlier decision without there being any change in the factual situation. And when we speak of change, we mean a substantial one, which has a direct impact on the earlier decision, and not merely cosmetic changes of little or no consequence."

He further submitted that a successive application should be heard by the same judge to prevent abuse of the process of law. Accordingly, he said that the matter be placed before Justice Swarana Kanta Sharma, in line with the directions of the Supreme Court.

In response, senior counsel for Sengar said, "I would have agreed, there exists a judgment stating that rosters must be followed scrupulously"

Court order: “Arguments heard. Mr. Mehmood Pracha appears for the complainant. The previous application filed by the present applicant was dismissed. The Supreme Court has, time and again, deprecated the practice of filing repeated bail applications. It is submitted that the application should be heard by the same bench which dealt with it previously, in order to avoid abuse of the process of law. Mr. Vashishta, learned senior counsel appearing for the appellant, seeks time to make submissions in this regard.”

Kuldeep Singh Senger had previously been sentenced to life imprisonment in December 2022 for the rape of a minor girl in 2017.

On 3 April 2018, the family of the minor rape victim travelled to Unnao for a court hearing, during which her father, Surendra, was brutally assaulted in broad daylight by the accused.

The following day, police arrested Surendra on allegations of illegal possession of arms. While in custody, he succumbed on 9 April 2018 to multiple injuries sustained during the assault.

Previously, the court considered Kuldeep Singh Senger’s application for interim bail. His legal counsel highlighted delays in his release despite a temporary suspension of his sentence.

Separately on December 5, a bench comprising Justice Prathiba M. Singh and Justice Amit Sharma granted interim bail to Sengar after directing the All India Institute of Medical Sciences (AIIMS) to submit a comprehensive report on his medical condition to determine whether his treatment could be effectively managed within the jail premises.

Case Title: Kuldeep Singh Sengar v. Central Bureau of Investigation 

Hearing Date: 13 August 2025

Bench: Justice Ravinder Dudeja