Unnao Rape Case: Supreme Court Sets Aside Delhi HC Bail Relief for Kuldeep Sengar, Orders Fresh Hearing

Key Points:

On Friday, May 15, 2026, the Supreme Court of India set aside an order of the Delhi High Court related to the suspension of the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The top court directed the Delhi High Court to reconsider the matter and hear the plea for suspension of sentence afresh.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the High Court should either decide Sengar’s appeal against conviction within the next few months or reconsider the bail and sentence suspension plea before the summer vacation begins in June 2026.

The Supreme Court clarified that it was not expressing any opinion on the merits of the case. However, the bench said the High Court must hear all parties, including the counsel representing the survivor, before taking a fresh decision.

See Also: Delhi Excise Policy Case: Justice Swarana Kanta Sharma Steps Away After Initiating Contempt Proceedings Against Kejriwal and Other AAP Leaders

During the hearing, senior advocate N. Hariharan, appearing for Sengar, argued that the survivor was not a minor at the time of the incident and said the appeal had already been argued several times without significant progress. Solicitor General Tushar Mehta, representing the CBI, opposed the submissions and argued that the High Court had taken an incorrect view while granting relief to Sengar.

Justice Bagchi orally remarked, “We are not endorsing the hypertechnical view taken by the High Court,” while discussing whether an MLA can be treated as a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act.

The controversy began after the Delhi High Court, in December 2025, suspended Sengar’s sentence and granted him bail during the pendency of his appeal. The High Court had held that provisions related to aggravated sexual assault under the POCSO Act might not apply because an MLA could not automatically be considered a “public servant” under the law.

The CBI challenged that decision in the Supreme Court, arguing that the interpretation weakened the protections provided under the POCSO Act and ignored the seriousness of the crime. The agency also argued that Sengar’s release could threaten the safety of the survivor and undermine public confidence in the justice system.

See Also: CAG Reports Tabled in Delhi Legislative Assembly Flag Major Irregularities in Delhi Government Hospitals, Excise Policy and CM Residence Renovation Work Under AAP Governance

The Unnao rape case dates back to 2017, when a minor girl was allegedly sexually assaulted at Sengar’s residence on the false promise of getting a job. At the time, she was reportedly 15 years old. The case later became one of the country’s most high-profile criminal and political controversies.

Sengar was convicted in 2019 by a special CBI court and sentenced to life imprisonment. He is also serving a separate 10-year sentence in another case related to the custodial death of the survivor’s father.

The Supreme Court had earlier stayed the Delhi High Court’s order suspending Sengar’s sentence in December last year. The matter will now return to the Delhi High Court for a fresh hearing on the plea for suspension of sentence.

[VP]

Suggested Reading: