Unnao Custodial Death: Supreme Court refuses bail to Kuldeep Singh Sengar; asks High Court to decide appeal in 3 months

The Supreme Court today refused a plea moved by Kuldeep Singh Sengar seeking bail in the custodial death case of Unnao rape victim's father. Recently the Delhi High Court had refused to suspend his sentence in the said case.

CJI Surya Kant led bench has however requested the Delhi High Court to afford "out-of-turn" hearing to Sengar's appeal challenging his conviction and 10-year sentence in the case. The high court has further been asked to appeal be decided within three months.

Notably, the appeal filed on the victim's behalf seeking enhancement of sentence is also to be heard along with Sengar's appeal.

Senior Advocate Siddharth Dave, appearing for Sengar told the bench today that he had already served 7 years and 7 months of actual sentence out of the ten-year sentence. "When multiple cases are there against a person, court have to consider that in grant of bail..", Justice Bagchi said in response.

Sengar was convicted and sentenced to ten years in prison by a trial court in a custodial death case of the father of the Unnao rape case victim. Justice Ravinder Dudeja of the high court dismissed his plea in January, noting Sengar's criminal antecedents.

Before the high court, Central Bureau of Investigation (CBI), objected to Sengar’s plea seeking suspension in the custodial death case of the Unnao rape victim's father, a relief he sought on medical grounds. In a related case, Kuldeep Singh Senger has been sentenced to life imprisonment in December 2022 for the rape of a minor girl in 2017.

For some background into the case, on 3 April 2018, when the family of the minor rape victim travelled to Unnao for a court hearing, during which her father, Surendra, was brutally assaulted in broad daylight by the accused. The following day, police arrested Surendra on allegations of illegal possession of arms. While in custody, he succumbed on 9 April 2018 to multiple injuries sustained during the assault.

Recently, Supreme Court’s bench led by Chief Justice of India Surya Kant had also stayed the Delhi High Court order that had suspended the life sentence of former Uttar Pradesh MLA Sengar in the 2017 Unnao rape case. Solicitor General Tushar Mehta had described the matter as a “horrific case of rape of a child”, emphasizing that Sengar had been convicted under Section 376 of the Indian Penal Code and Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court had subsequently stayed the Delhi High Court’s December 23, 2025 order, which had suspended Sengar’s life imprisonment, directing that he shall not be released pursuant to the High Court’s order.

Sengar was convicted in December 2019 by a trial court for raping a minor girl and for committing aggravated penetrative sexual assault under the POCSO Act. He was sentenced to life imprisonment, with the trial court observing that there were no mitigating circumstances. It underscored that Sengar, as a public servant in a democratic setup, had betrayed public trust, noting that “a single act of depravity” was sufficient to do so. The case relates to allegations that the minor survivor was kidnapped and raped by Sengar between June 11 and 20, 2017, and later sold for ₹60,000. She was subsequently recovered at the Maakhi police station in Uttar Pradesh.

A Division Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar ruled that Sengar could not be categorised as a “public servant” under Section 5(c) of the POCSO Act or Section 376(2)(b) of the IPC. A Special Leave Petition has also been filed before the Supreme Court challenging the High Court's decision suspending the life sentence of former MLA Kuldeep Singh Sengar, who is serving life imprisonment in the Unnao rape case.

Case Title: Kuldeep Singh Sengar vs. Central Bureau of Investigation

Bench: CJI Kant, Justices Bagchi and Anjaria

Hearing Date: February 9, 2026