In a significant development, the Supreme Court of India on Monday, December 29, 2025, put an immediate stay on the Delhi High Court order that had granted bail to and suspended the life sentence of convict Kuldeep Singh Sengar in the high-profile 2017 Unnao rape case. The apex court's intervention came swiftly after the Central Bureau of Investigation (CBI) filed an urgent plea, branding the High Court's decision as "contrary to law" and "perverse."
Swift Supreme Court Intervention
A three-judge vacation bench of the Supreme Court, led by Justice Surya Kant, heard the CBI's challenge on Monday. Security was heightened outside the court premises for the hearing. The bench's order to stay the bail has abruptly ended a brief period of relief for Sengar, who was set to walk free based on the High Court's December 23 ruling.
The CBI's core argument, which found favour with the Supreme Court, challenged the Delhi High Court's controversial finding that Sengar was not a 'public servant' at the time of the offence in 2017, when he was a sitting MLA. The probe agency contended that an MLA holds a constitutional office with public trust and authority, carrying a heightened responsibility towards society.
Background of the Case and the Controversial HC Order
Kuldeep Singh Sengar, an expelled Bharatiya Janata Party (BJP) leader and former MLA from Uttar Pradesh's Bangarmau constituency, was convicted and sentenced to life imprisonment in December 2019 by a Delhi trial court. He was found guilty of raping a minor girl in Unnao in 2017. The court had ruled that as an MLA, he qualified as a 'public servant' under the Prevention of Corruption Act.
However, on December 23, 2025, a division bench of the Delhi High Court suspended his life term and granted him conditional bail. The HC ruled that his former MLA status did not bring him under the definition of a 'public servant' under the Indian Penal Code (IPC). This decision triggered immediate and widespread public outrage.
Outrage and the Victim's Anguish
The survivor of the horrific crime expressed deep distress and betrayal following the High Court order. She met CBI officials in Delhi, alleging collusion between the investigating officer and the accused's family. "I was in the court during the announcement, and it was a setback. I wanted to commit suicide then and there," she stated, adding that only thoughts of her children and family stopped her.
Her mother, along with women rights activists like Yogita Bhayana and Congress leader Mumtaz Patel, staged protests outside the Delhi High Court and at Jantar Mantar. Several protesters were briefly detained by police near Parliament. The survivor had planned a major demonstration at Jantar Mantar on Monday, coinciding with the Supreme Court hearing.
Legal Ramifications and Next Steps
The CBI, in its appeal, strongly argued that releasing Sengar on bail would "jeopardise the well-being and safety of the victim/survivor and her family." The agency also sought security for witnesses and the survivor's supporters. With the Supreme Court's stay, Sengar will remain in prison. The apex court is expected to hear the matter in detail to decide on the substantive questions of law raised by the CBI, particularly regarding the classification of an MLA as a public servant in such grave offences.
This case continues to be a stark test of the judicial system's handling of crimes against women, especially those involving individuals in positions of power. The nation's eyes remain on the Supreme Court for its final adjudication.
