Unnao rape case: CBI approaches Supreme Court against Kuldeep Sengar’s bail, challenges Delhi High Court order

New Delhi (The Uttam Hindu): In the Unnao rape case, the Central Bureau of Investigation (CBI) has moved the Supreme Court challenging the relief granted to former MLA Kuldeep Singh Sengar. The agency has filed a special leave petition against the Delhi High Court order that suspended Sengar’s life imprisonment sentence and directed his release on bail. The CBI has argued that the decision goes against the spirit of law and poses a serious threat to the safety of the victim.

According to the CBI, while suspending the sentence, the High Court failed to properly consider the intent and purpose of the POCSO Act. The agency stated that Sengar was a sitting MLA at the time of the offence and held a position of public trust, which carries added responsibility. This crucial aspect, it said, was not given due weight by the High Court.

The CBI submitted that a sitting legislator falls under the category of a public servant, and crimes committed by such individuals are not merely personal acts but amount to a breach of public confidence. It added that courts must adopt a purposive interpretation of the POCSO Act to uphold the core objective of the legislation.

The petition further stated that the legislative intent behind the POCSO Act is similar to that of the Prevention of Corruption Act, as both aim to ensure accountability of influential individuals who misuse power and authority. The trial court had treated Sengar as a public servant while convicting him, but this finding was overlooked by the High Court, the agency argued.

The CBI also termed the High Court’s order as legally flawed and contrary to settled principles of law. It maintained that a person holding a constitutional position carries greater responsibility towards society, and their influence cannot be ignored while considering bail.

Raising serious concerns, the agency said Sengar is a powerful individual with money and muscle power, and his release could endanger the victim and her family. According to the CBI, this critical safety aspect did not receive adequate consideration by the High Court.

The petition reminded the court that after conviction, undergoing the sentence is the general rule, while suspension of sentence or bail is an exception. In grave offences under the POCSO Act, this principle should not have been diluted, the agency said.

It may be noted that in December 2019, a Delhi court sentenced Kuldeep Singh Sengar to life imprisonment along with a fine of ₹25 lakh in the Unnao rape case. He challenged the verdict in the Delhi High Court in January 2020 and sought suspension of sentence in March 2022.

On December 23, 2025, the Delhi High Court suspended his sentence and granted bail till the disposal of his appeal. However, Sengar continues to remain in jail as he is already serving a 10-year sentence in another CBI case related to the victim’s father’s death. Earlier, two women lawyers had also challenged the High Court order in the Supreme Court. With the CBI now joining the challenge, the matter has once again come under the spotlight of the apex court.