NEW DELHI: The Supreme Court on Monday intervened in the Unnao rape case, staying a Delhi High Court order that had granted bail to former BJP MLA Kuldeep Singh Sengar, thereby ensuring that he will continue to remain in jail.
A bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari, and Justice A.G. Masih passed the interim order while hearing a petition challenging the suspension of Sengar’s life sentence. The apex court directed Sengar to submit his response within four weeks and scheduled the matter for further hearing in the last week of January.
“Tentatively, we are inclined to stay the order,” the Chief Justice observed, adding that while courts generally avoid revoking liberty once bail is granted, this case involved exceptional circumstances. “Here, the situation is different as the accused is already in custody in another serious criminal case,” the bench noted.
CBI challenges bail in Unnao rape case bail matter
The Supreme Court’s decision came after the Central Bureau of Investigation (CBI) approached the top court seeking a stay on the Delhi High Court’s order granting rape case bail to Sengar. Representing the CBI, Solicitor General Tushar Mehta described the crime as “extremely grave and disturbing.”
“This is a horrific case involving the rape of a minor. Charges were framed under Section 376 of the IPC and Sections 5 and 6 of the POCSO Act,” Mehta told the court. He pointed out that the Unnao rape case victim was only 15 years and 10 months old at the time of the incident and that the conviction stood on solid legal findings.
The Solicitor General further argued that Sengar, being a public servant at the time, held a position of authority over the child and should face a minimum sentence of 20 years, as envisaged under the law.
Survivor’s family welcomes Supreme Court decision
Reacting to the ruling, the Unnao rape survivor’s mother expressed relief and welcomed the Supreme Court’s intervention. “We are thankful to the court. My daughter deserves justice, and we hope the accused is punished to the fullest extent of the law,” she said.
Background of the bail order
Earlier, a division bench of the Delhi High Court had suspended Sengar’s life sentence in the Unnao rape case bail proceedings, noting that he had already spent over seven years and five months in prison. While granting bail, the High Court had clarified that the suspension would remain effective until his appeal against conviction is decided.
However, despite the bail order in the rape case, Sengar continued to remain behind bars as he is serving a separate 10-year sentence in another CBI case related to the custodial death of the survivor’s father. His appeal in that case is also pending.
The High Court had imposed strict conditions while granting bail, including a personal bond of ₹15 lakh with sureties, restrictions on entering areas near the survivor’s residence, and a prohibition on contacting or intimidating the Unnao rape survivor or her family.
Conviction details
In December 2019, Kuldeep Singh Sengar was sentenced to life imprisonment along with a fine of ₹25 lakh for his role in the Unnao rape case, one of the most high-profile criminal cases involving a sitting legislator in recent years.
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