Supreme Court to Review CBI's Challenge Against Kuldeep Singh Sengar's Bail in Unnao Case

The Supreme Court is preparing to hear a crucial appeal from the CBI regarding the suspension of Kuldeep Singh Sengar's life sentence in the Unnao rape case. This case has garnered significant attention, especially following the Delhi High Court's controversial decision to grant bail to Sengar, who has already served over seven years in prison. The CBI argues that the high court misinterpreted the law regarding public servants and their accountability under the POCSO Act. As the legal battle unfolds, Sengar remains in custody due to a separate conviction. Stay tuned for updates on this high-profile case.

By Narendra Chaudhary Dec 28, 2025, 14:08 IST

Supreme Court Set to Hear CBI's Plea

New Delhi: The Supreme Court is scheduled to hear a petition from the CBI on Monday, contesting the Delhi High Court's decision to suspend the life sentence of expelled BJP MLA Kuldeep Singh Sengar in connection with the Unnao rape case.

As per the court's agenda, a three-judge vacation bench, including Chief Justice Surya Kant and Justices JK Maheshwari and Augustine George Masih, is expected to deliberate on this issue.

Additionally, the court will consider a separate petition submitted by advocates Anjale Patel and Pooja Shilpkar, which challenges the high court's ruling and requests a stay on it.

In its appeal, the CBI referenced a previous ruling involving L K Advani, asserting that individuals in public office, such as MPs or MLAs, should be classified as public servants. The agency argued that the high court mistakenly ruled that Sengar, who was an MLA at the time of the crime, was not a public servant subject to prosecution under the POCSO Act, thus granting him bail.

The CBI contended, "The high court overlooked the fact that a sitting MLA, by virtue of their constitutional role, holds public trust and authority over the electorate, which entails a greater responsibility towards the state and society."

Furthermore, the agency claimed, "It erred in law by not adopting a purposive interpretation that aligns with the objectives of the POCSO Act."

On December 23, the high court had suspended Sengar's sentence, noting that he had already served over seven years in prison.

While his sentence has been suspended pending his appeal against the conviction, Sengar remains incarcerated due to a separate 10-year sentence related to the custodial death of the victim's father, for which he has not been granted bail.

The high court imposed several conditions on Sengar, including the requirement to post a personal bond of Rs 15 lakh along with three sureties of the same amount. He is also prohibited from approaching the survivor's residence within a 5-km radius and from threatening her or her mother, with any violation potentially leading to bail cancellation.

The rape case, along with related matters, was transferred to Delhi from a trial court in Uttar Pradesh following the Supreme Court's directive on August 1, 2019.

Sengar's appeal regarding his conviction in the custodial death case is still pending, where he seeks suspension of his sentence based on the time already served.