The Supreme Court on Monday stayed the Delhi High Court order that suspended the life sentence of former BJP MLA Kuldeep Singh Sengar and granted him bail in the 2017 Unnao rape case.
A vacation bench headed by Chief Justice Surya Kant said Sengar would not be released pursuant to the bail order. “In view of the peculiar facts of the case, where the convict stands convicted in a separate offence, we stay the operation of the Delhi High Court order dated December 23, 2025. Thus, the respondent shall not be released pursuant to the said order,” the CJI said.
The apex court issued notice to Sengar on a plea filed by the Central Bureau of Investigation, which challenged the High Court’s decision. Kuldeep Sengar has been granted four weeks to file his response. The court also allowed the Unnao rape survivor to intervene in the proceedings, acknowledging its responsibility towards her.
The court noted that there was no immediate question of personal liberty, as Sengar continues to remain in jail while serving a concurrent sentence in another case relating to the custodial death of the survivor’s father.
The Delhi High Court, in its December 23 order, had suspended Sengar’s sentence pending appeal, observing that he had already spent over seven years and five months in prison. Granting him conditional bail, the court said this period exceeded the minimum sentence prescribed under the law in the case. The court held that Sengar could not be treated as a “public servant” for the purpose of enhanced punishment and ruled that provisions of the Protection of Children from Sexual Offences (POCSO) Act were not applicable in the case. In addition, it imposed strict bail conditions, including a personal bond of ₹15 lakh, a restriction on leaving Delhi, and a direction not to come within five kilometres of the survivor.
The High Court’s ruling drew widespread criticism and sparked protests, with the survivor herself joining demonstrations demanding justice. She later said she had faith in the Supreme Court to correct what she described as a grave miscarriage of justice.
Ahead of the Supreme Court hearing, the survivor also appealed to Uttar Pradesh Chief Minister Yogi Adityanath to ensure the safety of her family and herself.
Kuldeep Singh Sengar was convicted in December 2019 for the rape of a minor girl in Unnao, Uttar Pradesh, and sentenced to life imprisonment along with a fine of ₹25 lakh. He was an MLA from the Bangarmau constituency at the time of the offence.
