CBI Moves Supreme Court on Sengar Bail Order
The Central Bureau of Investigation (CBI) has approached the Supreme Court challenging the Delhi High Court order that suspended the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar and granted him bail in the Unnao rape case.
What the High Court Said
The Delhi High Court suspended Sengar’s sentence on December 23, 2025, while his appeal against conviction is pending. The court held that the aggravated offence provisions under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act and the related aggravated rape provision under the IPC were not attracted, as Sengar could not be treated as a “public servant” for the purpose of those provisions. On that basis, the sentence was suspended and bail was granted.
CBI’s Grounds in Supreme Court
In its Special Leave Petition, the CBI argued that the High Court’s interpretation narrows the protection intended under POCSO and is legally unsustainable given the seriousness of the offence. The agency contended that an MLA holds a position of public trust and authority, and that a technical reading defeats the purpose of provisions meant to address abuse of power in sexual offences against children. The CBI also argued that long incarceration alone should not justify suspending a life sentence in a case involving the rape of a minor, and raised concerns about the survivor’s safety and public confidence in the justice system.
Background of the Case
Sengar was convicted in 2019 by a special CBI court and sentenced to life imprisonment in the Unnao rape case. He is also serving a separate 10-year sentence awarded in 2020 in a case linked to the death of the survivor’s father.
