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Supreme Court Stays Delhi HC Order Granting Bail to Kuldeep Sengar in Unnao Rape Case

The stay follows the CBI’s challenge to the High Court’s view that he was not a public servant under POCSO.

Overview

  • The three-judge bench led by Chief Justice Surya Kant said Sengar shall not be released and issued notice seeking his response within roughly four weeks.
  • The Court noted the case raises substantial questions of law and listed it for further hearing, with the interim order pausing the High Court’s December 23 relief.
  • The Delhi High Court had suspended Sengar’s life term and granted conditional bail after finding aggravated POCSO provisions inapplicable because he was not a public servant.
  • The CBI argued a sitting MLA holds a constitutional position of trust and authority that triggers aggravated punishment and pressed concerns over survivor safety.
  • Protests by the survivor and women’s groups in Delhi followed the High Court order, and Sengar remains in custody in any event due to a separate 10-year sentence in the custodial-death case.