New Delhi: A plea has been filed in the Supreme Court seeking to set aside the Delhi High Court’s recent order granting bail to former BJP MLA Kuldeep Sengar in the 2017 Unnao rape case. The high court had suspended Sengar’s life sentence, providing him temporary relief, a decision that has sparked widespread criticism and concern for the survivor’s safety.

The petition, filed by two women lawyers – Anjale Patel and Pooja Shilpkar – argues that the Delhi High Court ignored critical prosecution evidence, which highlighted the extreme brutality of the crimes committed by Sengar, his history of criminal behavior, and his misuse of political influence and muscle power to intimidate witnesses. According to the plea, the High Court’s ruling failed to account for the broader threat Sengar posed to the survivor and her family.

The petition also points out that Sengar had orchestrated the murder of the survivor’s father while in judicial custody, allegedly to silence the family and derail the course of justice. The Supreme Court had previously recognized Sengar’s influence and capacity to intimidate witnesses, transferring the trial from Unnao in Uttar Pradesh to the Tis Hazari Court in Delhi to ensure a fair trial and safeguard both the survivor and the witnesses. The petition contends that the Delhi High Court’s bail order undermines this judicial determination, defeating the purpose of the transfer.

“The liberty of the accused cannot be elevated over the rights of the victim and society, particularly in a case where the accused has previously abused his liberty, terrorized witnesses, and undermined the rule of law,” the plea states. It further emphasizes that courts must exercise extreme caution when granting bail in cases involving rape and murder, a principle the High Court allegedly failed to uphold in this instance.

Following the High Court’s decision earlier this week, the CBI confirmed that it would file an appeal against the ruling. Meanwhile, the survivor staged a protest at India Gate, expressing deep distress over the bail. She described feeling “extremely unsafe” following Sengar’s release, citing her prior experiences of targeted attacks orchestrated by Sengar’s associates, including the tragic death of two of her relatives and her lawyer in a 2019 car accident.

“He is a powerful man. He would get his men to do his dirty work for him. Now that he is out, we are all unsafe,” the survivor told HT. Her statements underscore ongoing fears about potential threats to her safety and the broader implications of Sengar’s temporary release.

Despite the bail, Sengar will continue to serve a separate 10-year sentence in connection with the custodial death of the rape survivor’s father, ensuring that he remains in judicial custody for the time being.

The case has drawn national attention not only due to the severity of the crimes involved but also because of the broader questions it raises about the balance between the rights of an accused and the protection of victims in high-profile cases involving sexual violence and political influence. The Supreme Court’s consideration of the petition will be closely watched, with the outcome likely to have significant implications for the survivor, the accused, and the legal precedents surrounding bail in cases of grave offences.