Supreme Court stays Delhi High Court bail to Unnao rape convict Kuldeep Singh Sengar

Top court halts release of former MLA convicted of raping a minor, issues notice on CBI plea questioning High Court’s suspension of sentence.

The Supreme Court on Monday put a stay on the bail granted to former Uttar Pradesh MLA Kuldeep Singh Sengar, who stands convicted in the Unnao rape case involving a minor girl. The top court halted the Delhi High Court’s December 23 order that had suspended his sentence and allowed him bail.

Sengar was convicted by a trial court in the Unnao district rape case and sentenced to life imprisonment. Challenging this conviction, he had approached the Delhi High Court, which suspended the sentence during the pendency of his appeal and granted him bail.

The Central Bureau of Investigation (CBI), which probed the case, challenged the High Court’s decision before the Supreme Court last week. Acting on the appeal, the apex court stayed the bail order, effectively preventing Sengar’s release from jail.

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A bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari and Justice Augustine George Masih heard the matter. The court issued a notice to Kuldeep Singh Sengar, seeking his response within four weeks.

Appearing for the CBI, Solicitor General Tushar Mehta argued against the grant of bail, while a senior advocate represented Sengar. The Supreme Court observed that although it is generally cautious about staying release orders without hearing the accused, the present case involved unusual and serious factual circumstances.

“In view of the peculiar facts of this case, we are staying the Delhi High Court’s order dated December 23 granting bail. The respondent-convict shall not be released from prison,” the court said in its order.

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The bench also raised concerns over the High Court’s interpretation of who qualifies as a “public servant,” noting that such a view could potentially create unwarranted exemptions for lawmakers. The Supreme Court remarked that important questions of law arise in the matter and need detailed consideration.

While acknowledging the stature and competence of the High Court judges who passed the order, the Supreme Court noted that judicial errors are possible and must be corrected when necessary.

The matter will now be taken up after Sengar files his response to the notice issued by the apex court.

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