Supreme Court to Hear CBI Plea Against Kuldeep Sengar’s Bail; CJI Surya Kant Bench to Take Up Matter

The Supreme Court on Monday is set to hear a crucial petition filed by the Central Bureau of Investigation (CBI) challenging the Delhi High Court’s decision to suspend the life sentence of former Uttar Pradesh legislator Kuldeep Singh Sengar in the Unnao rape case and grant him bail. The hearing will be conducted by a vacation bench headed by Chief Justice of India (CJI) Surya Kant, along with Justice J.K. Maheshwari and Justice Augustine George Masih.

The CBI has questioned the legality of the High Court’s December 23 order, arguing that the court committed serious errors in law while granting bail to Sengar, who was convicted for the abduction and rape of a minor and sentenced to life imprisonment in December 2019.

CBI Alleges Legal Lapses by High Court

In its appeal, the CBI contended that the Delhi High Court failed to correctly interpret the law by not treating Sengar—who was a sitting MLA at the time of the crime—as a “public servant.” The agency relied on a Supreme Court precedent in the L.K. Advani case, which held that elected representatives such as MPs and MLAs are public servants due to the trust and authority vested in them by voters.

The CBI further argued that by refusing to apply the provisions of the Protection of Children from Sexual Offences (POCSO) Act in their true spirit, the High Court undermined both the intent and purpose of the law. “The High Court failed to appreciate that a constitutional office holder carries higher responsibility towards society, and this aspect was ignored while granting bail,” the agency stated.

Separate Pleas Seek Stay on Bail Order

Apart from the CBI’s petition, the Supreme Court will also hear a separate plea filed by advocates Anjala Patel and Pooja Shilpakar, seeking an immediate stay on the High Court’s order suspending Sengar’s sentence.

What the High Court Had Ordered

The Delhi High Court suspended Sengar’s life sentence on the ground that he had already served more than seven years and five months in prison. The suspension was ordered pending the final disposal of his appeal against conviction. However, Sengar remains in jail as he is also serving a 10-year sentence in another case related to the custodial death of the rape survivor’s father, in which he has not been granted bail.

While granting bail, the High Court imposed strict conditions, including:

• Submission of a personal bond of ₹15 lakh with three sureties of the same amount
• A prohibition on entering a five-kilometre radius of the survivor’s residence in Delhi
• A clear directive not to contact, threaten or influence the survivor or her mother

The court also warned that any violation of these conditions would result in immediate cancellation of bail.

Survivor Expresses Faith in Supreme Court

Reacting to the developments, the survivor said she had complete faith in the Supreme Court and hoped for justice. Speaking during a protest in Delhi on Sunday, she appealed to Uttar Pradesh Chief Minister Yogi Adityanath to ensure adequate security for her family.

“I have full faith that I will get justice from the Supreme Court. My family and witnesses are under threat. I want protection so that I can fight my legal battle without fear,” she said, as quoted by ANI.

The outcome of Monday’s hearing is expected to be closely watched, as it could have far-reaching implications for the interpretation of public office, accountability, and the application of child protection laws in cases involving powerful political figures.

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