In a significant development in the Unnao rape case, the Supreme Court has stayed the bail granted to Kuldeep Singh Sengar, a former MLA from Uttar Pradesh, by the Delhi High Court. A vacation bench comprising Chief Justice of India Surya Kant, and Justices JK Maheshwari and Augustine George Masih, heard the matter on an urgent basis following an appeal by the Central Bureau of Investigation (CBI) against the High Court's order.
The Delhi High Court had earlier suspended Sengar's life sentence on December 23, 2025, allowing him bail while his appeal against the conviction was pending. The High Court division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar had cited that Sengar could not be categorized as a "public servant" under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act or Section 376(2)(b) of the Indian Penal Code (IPC). The court had also stated that the aggravated offence provisions under Section 5(c) of the POCSO Act and Section 376(2) of the IPC were not attracted in Sengar's case as he could not be categorised as a “public servant” within the meaning of the relevant provisions of the law. This ruling had sparked considerable surprise and controversy. The High Court also considered that Sengar had already served over seven years and five months in prison. Conditions for his bail included a restriction on entering within a five-kilometer radius of the victim's residence and prohibitions on threatening or contacting the victim or her mother.
The CBI, in its appeal to the Supreme Court, argued that the High Court had erred in its interpretation of Sengar's status as a public servant. The CBI contended that a sitting MLA holds a constitutional position of trust and authority, performing public duties that are of interest to the State and the community. According to the CBI, Sengar was punished by the trial court for the offence under the POCSO Act on the ground that he fell within the definition of a 'public servant'. The CBI moved the Supreme Court seeking its intervention in the matter, after examining the High Court order.
Sengar was convicted in 2019 by a special CBI court for the 2017 Unnao rape case and sentenced to life imprisonment with a fine of ₹25 lakh. He was found guilty of offenses under the IPC and the POCSO Act. He subsequently appealed this conviction to the Delhi High Court in January 2020 and later filed a petition seeking suspension of his sentence in March 2022.
Despite the High Court's order for bail in the rape case, Sengar will remain in jail as he is also serving a 10-year sentence in a separate CBI case related to the custodial death of the victim's father. His plea for suspension of sentence in that case is still pending before the High Court.
The Unnao case survivor and her family have strongly opposed the High Court's decision to grant bail to Sengar.
