CBI Appeals Supreme Court Against Kuldeep Singh Sengar's Bail

The Central Bureau of Investigation (CBI) has filed an appeal in the Supreme Court of India, contesting a recent decision by the Delhi High Court that granted bail to Kuldeep Singh Sengar, a former Member of the Legislative Assembly (MLA) of Uttar Pradesh, in connection with the 2017 Unnao rape case involving a minor girl.

On December 23, 2025, the Delhi High Court suspended Sengar's life sentence while his criminal appeal is pending. This decision has raised significant concerns, prompting the CBI to argue that the High Court erred in its interpretation of the law regarding aggravated penetrative sexual assault under the Protection of Children from Sexual Offences Act (POCSO Act).

The case dates back to June 2017, when the victim was allegedly abducted and raped by Sengar. Following this, she was reportedly sold for ₹60,000 before being rescued by police. In December 2019, a trial court convicted Sengar and sentenced him to life imprisonment, asserting that his actions warranted the maximum penalty due to his position as a public servant, which the court noted had been a betrayal of public trust.

The trial court's ruling highlighted the absence of mitigating factors that could warrant a lesser sentence. The court stated that a single act of depravity was sufficient to warrant such a severe punishment, given Sengar's role as an elected official.

However, the Delhi High Court's recent ruling stated that the criteria for classifying Sengar's actions as aggravated penetrative sexual assault under the POCSO Act were not met. The judges noted that Sengar could not be classified as a public servant under the relevant sections of the law, specifically pointing out that he did not fit the definition of a person in a position of trust or authority as outlined in Section 5 of the POCSO Act.

The CBI has now argued that the High Court's decision is flawed and undermines the integrity of the legal provisions designed to protect children. Citing the constitutional responsibilities of a sitting MLA, the agency contends that Sengar's role inherently involves a significant level of public trust and authority.

In its petition, the CBI stated, "The High Court failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate, and that such position carries heightened responsibility arising from duties owed to the State and society."

Moreover, the CBI has emphasised that the High Court's interpretation did not align with the intended purpose of the POCSO Act, which aims to safeguard children from sexual offences perpetrated by those in positions of power. The agency also expressed concerns about the safety and security of the survivor and her family, highlighting Sengar’s influential status and the potential risks posed by his release.

The CBI urged the Supreme Court to reconsider the bail granted, arguing that in cases involving severe offences like this, the presumption should favour the denial of bail, particularly in instances where the accused holds a position of power.

This appeal is now set to be considered by the Supreme Court, as the CBI seeks to ensure that justice is served and that the safety of the victim and her family is prioritised during the ongoing legal proceedings.