Supreme Court Denies Bail to Former MLA Kuldeep Singh Sengar in Unnao Rape Case

The Supreme Court has ruled against former BJP MLA Kuldeep Singh Sengar, denying him bail in the Unnao rape case. This decision follows a previous High Court ruling that had suspended his life sentence. The apex court emphasized the need to address significant legal questions raised in the case. Sengar, who has already served over seven years in prison, will remain incarcerated as he faces additional charges related to the victim's father's death. The court's ruling has been seen as a relief for the victim and her supporters amidst ongoing protests for justice.

By Narendra Chaudhary Dec 30, 2025, 12:38 IST

Supreme Court's Ruling on Kuldeep Singh Sengar

New Delhi, December 30, 2025: In a significant development, the Supreme Court has dealt a major blow to former BJP legislator Kuldeep Singh Sengar, who was convicted in the Unnao rape case. On Monday (December 29), the apex court issued an interim stay on the Delhi High Court's order that had suspended Sengar's life sentence and granted him conditional bail. Consequently, Sengar will remain incarcerated and will not be released from jail.

A three-judge bench of the Supreme Court, comprising Chief Justice Suryakant, Justice J.K. Maheshwari, and Justice Augustine George Masih, delivered this ruling while hearing a petition filed by the CBI. The bench emphasized that the case raises significant legal questions that require thorough examination. The court has directed Sengar to respond within four weeks and scheduled the next hearing for January 20, 2026.

High Court's Earlier Bail Decision

On December 23, the Delhi High Court had suspended Sengar's sentence pending the appeal and granted him conditional bail. The High Court noted that Sengar had already served seven years and five months in prison and argued that he did not fall under the definition of a public servant, thus the stringent provisions of the POCSO Act were not applicable. The bail conditions included residing in Delhi, staying at least 5 kilometers away from the victim's residence, and surrendering his passport.

However, Sengar remained in jail as he is serving a ten-year sentence in a separate case concerning the death of the victim's father while in custody.

CBI Challenges High Court's Decision

The CBI contested the High Court's ruling, asserting that this is a grave matter involving the rape of a minor victim (who was 15 years and 10 months old at the time of the incident). Solicitor General Tushar Mehta argued in court that as a legislator, Sengar held a position of power, and the definition of a public servant under the POCSO Act should be broad. The court concurred, stating that if a police officer or a clerk is considered a public servant, then a legislator should not be exempt.

The bench remarked that while stays on bail orders are generally uncommon, the unique circumstances of this case (given the separate sentence) warranted such a stay.

Legal Assistance for the Victim

During the proceedings, the victim was represented by legal counsel. The court indicated that the victim has the right to file a separate petition and may receive free legal aid from the Supreme Court Legal Services Authority if necessary.

Background of the Case

In 2017, Sengar was convicted by a lower court in Delhi in connection with the rape of a minor in Unnao, under IPC Section 376 and the POCSO Act, in 2019. He was sentenced to life imprisonment and fined ₹25 lakh. Sengar appealed this decision in the High Court.

Following the High Court's bail order, protests erupted nationwide, and the victim sought protection. The Supreme Court's recent decision has provided significant relief to the victim's side.