SC Stays Bail to Unnao Rape Convict Kuldeep Sengar

A three-judge vacation bench led by Chief Justice of India Surya Kant heard the Central Bureau of Investigation’s (CBI) plea challenging the High Court’s decision. The apex court stayed the operation of the impugned order, noting that Sengar is already in jail in connection with another case.

The Supreme Court made it clear that Sengar shall not be released from custody. The bench, comprising the CJI and Justices J.K. Maheshwari and A.G. Masih, also issued notice to Sengar, seeking his response to the CBI’s plea within two weeks.

“We are informed that the convict is also convicted and sentenced under Section 304 (murder) of the IPC and is still in custody in that case. Considering such peculiar circumstances, we stay the operation of the order passed by the High Court. The respondent shall not be released,” the CJI observed.

Welcoming the order, Hemant Kumar Maurya, an advocate representing the victim, thanked the Supreme Court. “The Supreme Court has issued a strong order stating that the accused will not be released from jail under any circumstances. The High Court’s order has been stayed, and the accused has been given time to file a counter-affidavit,” he said.

Congress leader and women’s rights activist Mumtaz Patel expressed hope that justice would now be delivered to the survivor, calling for stricter punishment in rape cases.

The Delhi High Court, in its December 23 order, had suspended Sengar’s life sentence pending appeal and granted him bail. Sengar, an expelled BJP leader, was convicted in December 2019 in the Unnao rape case and sentenced to life imprisonment along with a fine of ₹25 lakh. Despite the bail, he remained in jail as he is serving a separate 10-year sentence in another CBI case related to murder.

Earlier, the survivor had said she has faith in the Supreme Court and appealed to Uttar Pradesh Chief Minister Yogi Adityanath to ensure her safety so she can pursue her legal battle without fear.

Speaking at a protest organised by the All India Progressive Women Association (AIPWA) in the national capital, the survivor alleged that Sengar had bribed officials, including a CBI investigating officer and a Delhi High Court judge. She claimed her family had suffered since his bail, with her husband losing his job and her children and witnesses facing threats.

“I have faith that I will get justice in the Supreme Court. Protection must be provided so that I can fight my case fearlessly,” she told ANI.