The Delhi High Court on Friday granted bail to Ashok Singh Bhadauria and Kamta Prasad, who were convicted in the Unnao rape victim's father's custodial death case. They are former police officials of Uttar Pradesh.
Former MLA Kuldeep Singh Senger is also a convict in this case. Their appeals are pending before the Delhi High Court and they are serving a ten-year jail term.
This case pertains to the police station Makhi, Unnao, Uttar Pradesh.
Justice Dinesh Kumar Sharma granted bail to Ashok Singh Bhadauria and Kamta Prasad Singh on furnishing a bail bond of Rs. 50000 and surety bond in the like amount by each convict.
"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," High court said in the judgement passed on September 22.
Justice Sharma said that at this stage, keeping in mind, the pendency of cases on sentences already undergone by the accused persons, it is a matter of the record that an appeal in the case was admitted on July 31 in 2020 however, the Court is not being able to hear it.
"It is also a matter of the record that the appellants did not misuse the liberty of interim bail granted to them from time to time. As per Nominal Roll, appellant no.1--Ashok Singh Bhadauria in the present case had undergone for sentence of four years eight months and seven days approximately, and Appellant no.2- Kamta Prasad Singh) has undergone four years five months and 28 days approximately and the unexpired portion is four years and nine months approximately," Justice Sharma added.
Both the appellants had challenged the judgment of March 4, 2020 convicting them and order of sentence of March 13, 2020 passed by the Tis Hazari Courts, Delhi.
They had also sought suspension of their sentences during the pendency of their appeals.
The appellant Ashok Singh Bhadauria was convicted for the commission of offences under sections 120B read with sections 166/167/193/201/203/211/218/323/341 and 304 of Indian Penal Code, 1860 and section 3 of the Arms Act, 1959.
The appellant Kamta Prasad Singh was convicted under 120B read with 166, 167, 193, 201, 203, 211, 218, 323, 341 and section 304 of the IPC; Section 3 of the Arms Act; Section 341, 323 read with section 304 of the IPC read with section 1208 of the IPC; and under section 193, 201, 203 and 211 of IPC read with 120Bof the IPC.
The counsels for the appellants submitted that by the common Judgment of March 4, 2020 and order on sentence March 13 in 2020, six Accused Persons were convicted.
During the trial, a total of 55 prosecution witnesses were examined besides exhibiting a lot of documents.
Hence, considerable time will be required for appreciation of all the evidence and deciding the Appeal on the basis of the merits of this case, the counsel argued.
The appellant/convict herein has already spent half of his sentence for the offence u/s 304Part II IPC, they added.
It was also submitted that the only offence that remains against the appellant is Section 304 Part II IPC for which the appellant/convict herein has already undergone half of the sentence awarded to him and the Nominal Role has confirmed the said aspect.
Advocate Akhand Pratap Singh, counsel for Kamta Prasad Singh, submitted that the appellant has already undergone more than half of the total (more than 5 years) out of the total 10 years imprisonment.
He also submitted that the appellant was admitted on interim bail by the court and he had surrendered within the stipulated time, further, there is no allegation of any violation of any of the terms and conditions imposed in the interim suspension of sentence order. There is not a single allegation against the appellant regarding violations of any jail manual during the last 5 years since the date of his arrest in the present case.
Senior advocate Mohit and Advocate Rajiv Mohan argued on behalf of Ashok Singh Bhadauria.
On the other hand, the counsel for CBI submitted that the present appeals arise of common judgement in two cases wherein the Special Judge has convicted all seven appellants under Sections 120-B read with 166, 167, 193, 201, 203, 211, 218,323, 341 & 304 (Part II) of IPC and Section 3 of Arms Act and sentence under the aforesaid provisions maximum rigorous imprisonment of 10 years.
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