Supreme Court Stays Sengar’s Bail: “Substantial Questions of Law” in Unnao Case (2025)

In a significant judicial intervention on December 29, 2025, the Supreme Court of India stayed the Delhi High Court’s order that had suspended the life sentence and granted bail to expelled BJP leader Kuldeep Singh Sengar. The decision effectively blocks the release of the primary convict in the 2017 Unnao rape case.

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The Apex Court’s Intervention

A three-judge Bench, led by Chief Justice of India Surya Kant and including Justices J.K. Maheshwari and Augustine George Masih, expressed deep concern over the legal reasoning used by the High Court to grant Sengar relief.

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• Public Servant Ambiguity: The Bench noted “substantial questions of law” regarding the definition of a ‘public servant’ under the POCSO Act. The High Court had suggested that while a constable or patwari is a public servant, an MLA might not fall under the same category—a technicality the Supreme Court found “erroneous” as it could potentially grant immunity to lawmakers.

• Dominant Position: Solicitor General Tushar Mehta, representing the CBI, argued that Sengar’s status as a powerful MLA placed him in a “position of dominance,” which is a core factor in aggravated sexual assault cases involving minors.

• Legal Aid: The Court also directed that the survivor be provided with free legal aid to ensure her rights are protected during the ongoing appeals.

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Chronology of the Case (December 2025)

Why the High Court Order Caused Outrage

The Delhi High Court’s decision on December 23 had sparked nationwide protests, including a demonstration at India Gate where the survivor and her family expressed fear for their lives.The HC had granted bail primarily on the grounds that:

1. Sengar had already served over seven years and five months in prison.

2. A “technical interpretation” suggested that he might not qualify as a “public servant” under specific sections of the POCSO Act and IPC.

Conclusion 

While the Supreme Court has issued a stay, Sengar would not have walked free immediately regardless, as he is also serving a 10-year sentence for the custodial death of the survivor’s father. The case has now been posted for a detailed hearing in the last week of January 2026.

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Disclaimer: This summary is based on the proceedings and interim orders of the Supreme Court as of December 29, 2025. Final outcomes are subject to the court’s future rulings on the appeal….

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