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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 19.01.2026 + CRL.A. 539/2020 KULDEEP SINGH SENGER .....Appellant Through: Mr. Manish Vashisht, Sr. Adv.

with Ms. Aishwarya Sengar, Mr. Vedansh Vashisht, Mr. Swapan Singhal, Mr. Kanhaiya Singhal, Ms. Avantika Shankar and Ms. Shatakshi Singh, Advs.

versus CENTRAL BUREAU OF INVESTIGATION .....Respondent Through: Ms. Anubha Bhardwaj, SPP for CBI with Ms. Ananya Shamshery, Adv.

Mr. Mehmood Parcha, Mr. Kshitij Singh, Mr. Kumail Abbas, Advs. for victim.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

JUDGMENT

RAVINDER DUDEJA, J.

CRL.M.(BAIL) 2050/2024 (seeking suspension of sentence)

1. The present application is filed under Section 430 read with Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 [“BNSS” read with Section 389(3) of the Code of Criminal Procedure, 1973 [“Cr.P.C.”] by the appellant seeking suspension of sentence and release on bail during the pendency of Criminal Appeal No.539/2020 against the Judgment and Order passed by Ld. District and Sessions Judge, West, Tis Hazari Courts, Delhi [“trial court”].

Factual background

2. Prosecution case, briefly stated, is that on 04^th June, 2017, the minor daughter of Surender Singh @ Pappu Singh was enticed and taken to house of the appellant Kuldeep Singh Senger on the false pretext of getting a job where she was raped by him. Thereafter, on 03^rd April, 2018, Surender Singh @ Pappu Singh and his co-worker Kishore were travelling to Unnao for the hearing of the rape case of his minor daughter, where they were allegedly brutally assaulted by the accused persons in broad daylight in village Makhi, Unnao. Subsequently, FIR No. 89/2018 was registered on a complaint by Shailendra @ Tinku Singh, asserting that Surender Singh @ Pappu was apprehended with a country-made pistol and four cartridges. Surender Singh @ Pappu Singh was arrested in case FIR No. 89/2018, on allegation of being in possession of illegal arms and he ultimately succumbed to multiple injuries suffered by him, while being in judicial custody. On the following day, FIR No. 90/2018 was registered on the complaint of PW-42 i.e. wife of the deceased, alleging that the appellant and his associates had assaulted the deceased and attempted to molest her minor daughters, and had exerted political pressure to shield the assailants.

3. Both FIRs were transferred to the Central Bureau of Investigation [CBI], which re-registered them as RC No. 9(S)/2018 and RC No. 10(S)/2018. The CBI conducted an extensive investigation, recorded statements of several independent witnesses and analyzed call-detail records. Upon completion of investigation, detailed charge-sheet was filed by CBI in the trial court.

4. The trial court after completion of trial proceedings, vide Judgment dated 04^th March, 2020, convicted the appellant for offences under Sections 166/167/193/201/203/21//218/323/341/304/120B IPC and Sections 3/25 of the Arms Act, 1959. Furthermore, vide Order dated 13^th March, 2020, the appellant was sentenced as under:-

“i. Section 120B of IPC: Five years rigorous imprisonment and fine of Rs. 1,00.000/-, and in case of non-payment of fine, further imprisonment for one year.

ii. Section 193 of IPC: Seven years rigorous imprisonment and fine of Rs. 50,000/-, and in case of non-payment of fine, further rigorous imprisonment for eighteen months.

iii. Section 201 of IPC: Two years rigorous imprisonment and fine of Rs. 10,000/-, and in case of non-payment of fine, further rigorous imprisonment for six months.

iv. Section 203 of IPC: Two years rigorous imprisonment and fine of Rs. 10.000/-, and in case of non-payment of fine, further rigorous imprisonment for six months.

v. Section 211 of IPC: Seven years rigorous imprisonment and fine of Rs. 50,000/-, and in case of non-payment of fine, further rigorous imprisonment for eighteen months.

vi. Section 323 of IPC: One year rigorous imprisonment and fine of Rs.1,000/-, and in case of non-payment of fine, further rigorous imprisonment for three months.

v