Source Live law
NEW DELHI – In a significant legal development, the Supreme Court of India on Monday, December 29, 2025, stayed the Delhi High Court’s order that had suspended the life sentence of expelled BJP leader Kuldeep Singh Sengar and granted him bail in the 2017 Unnao rape case.
The apex court’s intervention ensures that Sengar, a four-time former MLA from Uttar Pradesh, will remain behind bars as the legal battle over his conviction continues.
The Bench’s Observation
A three-judge vacation bench, led by Chief Justice of India (CJI) Surya Kant and including Justices J.K. Maheshwari and Augustine George Masih, passed the interim order while hearing a challenge filed by the Central Bureau of Investigation (CBI).
The Court flagged “substantial questions of law” regarding the High Court’s interpretation of statutes, specifically the definition of a “public servant” under the POCSO Act. CJI Surya Kant remarked:
“We find that there are substantial questions of law. While ordinarily this court does not stay release orders once a convict has been freed, in view of the peculiar facts of the case… we stay the operation of the Delhi High Court order.”
Key Highlights of the Proceedings
The “Peculiar Facts”: The Court noted that Sengar is also serving a separate 10-year sentence for the custodial death of the rape survivor’s father. Consequently, his release was not immediate even before the stay.
Notice Issued: The bench has issued a notice to Sengar, seeking his response to the CBI’s plea within four weeks.
Legal Aid for Survivor: The Court directed that the Supreme Court Legal Services Committee provide free legal aid to the survivor if required, noting her statutory right to pursue the case independently.
Background of the Case
On December 23, 2025, the Delhi High Court had suspended Sengar’s life sentence, citing that he had already served over seven years and five months in custody. The High Court had granted him bail on a personal bond of ₹15 lakh with strict conditions, including a ban on entering a five-kilometer radius of the survivor’s residence.
The CBI’s Challenge:
Representing the CBI, Solicitor General Tushar Mehta argued that the case was a “horrific” instance of sexual violence against a minor. The agency contended that the High Court erred in its legal interpretation and that granting bail to a powerful convict undermines public confidence in the justice system.
Timeline Summary
Date Event
2017 The minor girl was kidnapped and raped in Unnao, UP.
Dec 2019 Trial court sentences Sengar to life imprisonment and a ₹25 lakh fine.
Dec 23, 2025 Delhi High Court suspends sentence and grants bail pending appeal.
Dec 29, 2025 Supreme Court stays the bail order, keeping Sengar in custody.
Survivor’s Reaction
The survivor expressed relief following the Supreme Court’s decision, stating that she has “full faith in the justice system.” Her family and legal team had previously described the High Court’s bail order as a “death warrant” for their safety.
The matter is expected to be heard again in the last week of January 2026.
