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Delhi HC Suspends Sengar’s Life Term, Grants Conditional Bail as Survivor Plans Supreme Court Challenge

Judges pointed to the pre‑2019 POCSO framework and over seven years already served in holding that suspension was warranted even as the survivor readies an appeal citing safety fears.

Overview

  • The High Court invoked Section 389 CrPC, noting that an MLA was not a “public servant” under the pre‑2019 POCSO interpretation and that potential threat alone was not a reason to refuse suspension, with CRPF cover to continue and the local DCP tasked with ensuring security.
  • Bail terms include a ₹15 lakh personal bond with three sureties, weekly police reporting, surrender of passport, residence in Delhi, a five‑kilometre no‑entry zone around the survivor’s home, and non‑contact conditions with automatic cancellation for violations.
  • Despite the suspension in the rape case, Sengar remains incarcerated because he is serving a separate 10‑year sentence in the custodial death of the survivor’s father and has not obtained bail there.
  • The survivor announced she will move the Supreme Court and said security for relatives, lawyers and witnesses had been withdrawn, while protests in central Delhi were dispersed by security forces; activists alleged rough handling, which police denied.
  • Political and public reactions mounted as the survivor met Rahul and Sonia Gandhi seeking legal help, Rahul Gandhi criticised the police response and the relief granted, and Nirbhaya’s mother Asha Devi called the court’s decision unfortunate.