Unnao Rape Case: Delhi High Court Grants Bail To Ex-UP Police Officers Convicted For Custodial Death Of Survivor’s Father

Ashok Singh Bhadauria and Kamta Prasad Singh (appellants) were convicted by the Trial Court on 04.03.2020, along with co-accused Kuldeep Singh Sengar and 3 others, for several offences including criminal conspiracy and culpable homicide not amounting to murder, and were sentenced to 10 years in jail. Their appeals against the conviction and sentencing order is pending before the court.

The bench of Justice Dinesh Kumar Sharma said that it is a matter of record that an appeal in the case was admitted on 31.07.2020, however, the court is not been able to hear it. The court further noted that the appellants did not misuse the liberty of interim bail granted to them from time to time, and they had already undergone over 4.5 years of sentence. “As per Nominal Roll, appellant no. 1 in the present case had undergone for sentence of four years eight months and seven days approximately, and Appellant no. 2 has undergone four years five months and 28 days approximately and the unexpired portion is four years and nine months approximately,” the court observed.

“In the facts and circumstances, and in view of the incarceration, both the appellants’ Ashok Singh Bhadauria and Kamta Prasad Singh are admitted to Court bail on furnishing a personal bond of Rs.50,000/- with one surety each of the like amount to the satisfaction of the trial court,” the court said.

It was the case of the prosecution that the father of the minor rape survivor was assaulted by the appellants after an altercation broke out between the victim and another co-accused. The victim was taken to the police station where a country made pistol was planted on him. The prosecution claimed that Bhaduaria connived with the co-accused, Kamta Prasad Singh, to register a false FIR against the victim under the Arms Act, 1959. Thereafter, the victim was brought to the police custody in police station Makhi, Unnao, where he passed away in custody.

The court remarked that it is a settled proposition that, in cases other than life sentence cases, the broad parameter of 50% of the actual sentence undergone can be the basis for grant of bail. The court thus granted them bail on furnishing a personal bond of Rs.50,000/-.

Case Title: ASHOK SINGH BHADAURIA vs CENTRAL BUREAU OF INVESTIGATION

Citation: 2023 LiveLaw (Del) 884

Dated: 22.09.2023

Counsel for the Appellants: Mr. Mohit Mathur, Sr. Adv. Mr. Rajiv Mohan, Mr.Nishant Madan, Mr. Swapnil Tripathi and Mr. Shivender Gupta, Advs. Mr. Akhand Pratap Singh, Mr. Abhinandan Gautam and Ms. Samridhi D., Advs.

Counsel for the Respondent: Mr. Nikhil Goel, SPP with Mr. Kartik Kaushal, Mr. Adithya Koshy Roy and Ms. Siddhi Gupta, Advs. Mr. Mehmood Pracha, Mr. Sanawar and Mr. Jatin Bhatt, Advs. For complainant.