Supreme Court Stays Bail of Unnao Rape Convict Kuldeep Sengar

Supreme Court of India on Monday put on hold the bail granted to former BJP MLA Kuldeep Singh Sengar in the Unnao rape case, making it clear that he will not be released from custody.

A bench led by Chief Justice Surya Kant observed that the matter raised serious and substantial questions of law and stayed the Delhi High Court’s order that had allowed Sengar’s bail. The court clarified that the convict would continue to remain in jail, as he is already serving a sentence in a separate criminal case.

During the hearing, the bench expressed concern over the legal interpretation adopted by the High Court. It noted that if such reasoning were accepted, even lower-level government staff could qualify as public servants while elected representatives such as MLAs or MPs might seek exclusion, leading to serious legal inconsistencies.

The court also underlined that it ordinarily refrains from staying bail orders passed by High Courts or trial courts without hearing the accused. However, it said the present case involved exceptional circumstances, as Sengar stands convicted and sentenced under Section 304 Part II of the IPC in another case and remains incarcerated on that count.

Acting on a plea filed by the Central Bureau of Investigation, the apex court issued notice to Sengar and sought his response. It further clarified that the survivor has a statutory right to file an independent appeal and does not require the court’s permission to do so. Free legal aid would be provided if requested, though she is free to engage her own counsel.

The Unnao rape case dates back to 2017, when a minor accused Sengar of sexual assault in Uttar Pradesh’s Unnao district. The case triggered nationwide outrage following allegations of police inaction and harassment of the survivor’s family. In 2018, the survivor attempted self-immolation outside the residence of Uttar Pradesh Chief Minister Yogi Adityanath, prompting the transfer of the probe to the CBI.

In 2019, a Delhi court convicted Sengar and sentenced him to life imprisonment. He was also found guilty in other cases linked to the custodial death of the survivor’s father and attempts to influence witnesses.