Supreme Court Stays Delhi High Court Order Granting Bail to Kuldeep Singh Sengar in Unnao Rape Case

The Supreme Court of India on Tuesday stayed the Delhi High Court’s order that had suspended the life sentence of expelled BJP leader and former Uttar Pradesh MLA Kuldeep Singh Sengar in the 2017 Unnao rape case, ensuring that he continues to remain in jail.

A vacation bench comprising Chief Justice of India Justice Surya Kant, Justice J.K. Maheshwari, and Justice Augustine George Masih issued notice to Sengar on the Central Bureau of Investigation’s (CBI) plea challenging the High Court’s decision.

SC Keeps High Court Order in Abeyance

The Supreme Court observed that the matter raises substantial questions of law that require careful judicial examination. Accordingly, the Bench ordered that the Delhi High Court’s order dated December 23, 2025, shall remain in abeyance, and Sengar shall not be released from custody.

The Court has posted the matter for final hearing after four weeks.

CBI’s Objection and Court’s Observations

Solicitor General Tushar Mehta, appearing for the CBI, urged the Supreme Court to stay the High Court’s order, arguing that Sengar was in a position of dominance and had been convicted under the Protection of Children from Sexual Offences (POCSO) Act, in addition to being found guilty in the custodial death of the victim’s father.

The Bench agreed that the case warranted reconsideration and said it would examine the legal issues involved in detail.

Ambiguity in Definition of ‘Public Servant’ Under POCSO

During the proceedings, the Supreme Court also flagged ambiguity in the definition of ‘public servant’ under the POCSO Act and issued notice on the issue, indicating that the interpretation may have broader legal implications beyond the present case.

Background: High Court’s Bail Order

On December 23, 2025, the Delhi High Court had suspended Sengar’s life sentence in the Unnao rape case, noting that he had already undergone seven years and five months of imprisonment.

Sengar was convicted in December 2019 by a trial court and sentenced to life imprisonment for the rape of a minor girl in 2017. He has challenged the conviction before the High Court.

Why Sengar Remains in Jail

Despite the High Court’s suspension of his life sentence, Sengar cannot be released, as he is also serving a separate 10-year prison sentence in the case related to the custodial death of the rape survivor’s father.

The Supreme Court’s stay ensures that Sengar remains incarcerated until the legal challenge is fully adjudicated.

Case Significance

The Unnao rape case is among the most high-profile criminal cases in recent years, involving allegations of abuse of political power, witness intimidation, and custodial violence. The Supreme Court’s intervention underscores the seriousness with which the judiciary is treating both the criminal convictions and the legal questions arising under POCSO law.