The Supreme Court has effectively ensured that ex-MLA Kuldeep Singh Sengar will remain in jail by staying the Delhi High Court's order that had granted him bail in the Unnao rape case. The order came on Monday, December 29, 2025, following appeals by the Central Bureau of Investigation (CBI) and advocates Anjale Patel and Pooja Shilpkar, who challenged the High Court's decision to suspend Sengar's life sentence.
A bench of Chief Justice of India Surya Kant, Justice JK Maheshwari, and Justice AG Masih issued a notice to Sengar regarding the pleas challenging the Delhi High Court verdict. The Supreme Court acknowledged the presence of substantial questions of law in the case. While typically, the court would avoid staying such orders without hearing the concerned person, the bench made an exception due to Sengar's conviction and custody in another case under Section 304 Part 2 of the Indian Penal Code (IPC). The court clarified that the victim possesses a statutory right to file a separate Special Leave Petition (SLP) and can avail free legal aid from the SC Legal Service Committee or file an appeal through her own counsel.
The Delhi High Court had previously granted Sengar bail, noting that he had already spent seven years and five months in prison. The High Court had also stated that Sengar could not be considered a public servant under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act or Section 376(2)(b) of the IPC. This ruling by the Delhi High Court was a key point of contention, leading the CBI to appeal to the Supreme Court.
Solicitor General Tushar Mehta, representing the CBI, argued that the High Court erred in its interpretation of the POCSO Act, particularly in holding that Sengar could not be treated as a public servant for the purpose of aggravated offense provisions. The CBI contended that the severity of the crime and the survivor's safety warranted the denial of bail.
The Unnao rape case dates back to 2017 and has been a subject of intense public and media attention. In December 2019, Sengar was convicted of rape and sentenced to life imprisonment, along with a fine of ₹25 lakh. The trial court had determined that Sengar, as an MLA at the time of the offense, was a public servant under the POCSO Act, leading to his conviction and life sentence. Sengar's appeal had been pending in the High Court since 2020.
The Supreme Court's decision to stay the bail order has been influenced by the arguments presented by the CBI, which highlighted the gravity of the offense and concerns regarding the safety and security of the victim. The apex court has effectively put the High Court's order on hold until it can further examine the legal questions and submissions in the case.
Earlier, the survivor voiced her faith in the Supreme Court to deliver justice. She also alleged that Sengar had bribed officials, including the CBI investigating officer and a Delhi High Court judge. Demonstrations were organized to protest the leniency shown to Sengar, with participants demanding that adequate measures be taken to ensure justice.
