Supreme Court stays Delhi High Court order granting bail to Kuldeep Singh Sengar in Unnao rape case

New Delhi: The Supreme Court on Monday stayed the Delhi High Court’s order that had suspended the life imprisonment sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.

A bench comprising Chief Justice Suryakant and Justices J.K. Maheshwari and Augustine George Masih issued notices to Sengar, directing him to respond to the CBI’s petition challenging the High Court’s order.

Solicitor General Tushar Mehta, representing the CBI, highlighted the gravity of the case, noting that Sengar had been convicted under Sections 376 of the IPC and Sections 5 and 6 of the POCSO Act for the sexual assault of a minor.

The bench observed that individuals in positions of power have a higher potential to interfere with justice or intimidate victims. Sengar, being a former influential MLA in the region, should not be released while the matter remains under scrutiny.

After hearing arguments from both the CBI and Sengar’s senior counsel, the court noted several significant legal questions arising from the case and directed that a counter-affidavit be filed within four weeks.

The bench further emphasized that while courts generally do not interfere with bail orders post-conviction, the exceptional circumstances of this case—including Sengar’s prior conviction—warranted a stay on the High Court’s December 23 release order.

The Unnao case dates back to 2017, when Sengar allegedly abducted and raped a minor girl. The victim’s family faced repeated intimidation, and tragically, her father died in police custody, while other relatives died under suspicious circumstances in a car accident.

Sengar was convicted in 2019, but the recent grant of bail by the Delhi High Court triggered widespread outrage, prompting the CBI to file a plea in the Supreme Court to prevent his release.

The Supreme Court’s interim order ensures that Sengar remains in custody while the legal challenges to the High Court’s bail decision are thoroughly examined.

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