Supreme Court stays Unnao rape convict Kuldeep Sengar's bail

The Supreme Court of India on Monday, December 29, provided a significant intervention in the 2017 Unnao rape case by staying the Delhi High Court's order that had granted bail to expelled BJP leader Kuldeep Singh Sengar. A vacation bench comprising Chief Justice of India (CJI) Surya Kant and Justices JK Maheshwari and Augustine George Masih issued the stay and sent a notice to Sengar. This move comes after the Central Bureau of Investigation (CBI) and the survivor’s family moved the apex court, arguing that the release of such an influential convict posed a grave threat to the safety of the victim and witnesses.

The controversy began on December 23, when the Delhi High Court suspended Sengar's life sentence and granted him conditional bail, citing that he had already served over seven years in prison. The High Court had observed that, prima facie, the charge of "aggravated penetrative sexual assault" under the POCSO Act might not be fully applicable as it misinterpreted Sengar's status as a "public servant." This ruling sparked nationwide outrage, with the survivor describing the prospect of Sengar's release as "death" for her family, fearing for their lives given the history of violence and intimidation associated with the case.

During Monday's hearing, the Supreme Court expressed serious concerns regarding the High Court’s interpretation of the law. The bench noted that the legal definition of a "public servant" under Section 5 of the POCSO Act required deeper consideration to ensure that lawmakers do not receive unintended immunity. The apex court also directed that the survivor be provided with continued legal aid and reinforced security measures. By staying the bail, the Supreme Court has ensured that Sengar remains in custody while it examines the substantial questions of law raised by the CBI.

Sengar, who was convicted in 2019 for kidnapping and raping a minor, is also serving a separate 10-year sentence for the custodial death of the victim's father. While the High Court had imposed strict conditions—such as staying out of a 5-km radius of the survivor—the survivor’s legal team argued these were insufficient against Sengar's "muscle and money power." The case will now be further deliberated after Sengar files his response to the CBI's appeal within the next four weeks, keeping a high-profile convict behind bars for the time being.