Supreme Court refuses to hear Kuldeep Sengar’s bail plea in Unnao rape survivor’s father’s death case

The bench, also comprising Justices Joymalya Bagchi and N V Anjaria, said his appeal can be taken up along with the appeal filed by the rape survivor.

“We grant liberty to the appellant in that case (survivor) to mention the same before High Court. Let (the) Delhi High Court take up the appeal within one week and if (the) High Court finds that the appeal can be decided along with the appeal by Sengar, then both can be heard and decided together. If that requires change in composition of the bench, the same can be done as well,” the Supreme Court said.

Appearing for Sengar, Senior Advocate Siddhartha Dave told the bench, “Nine years and seven months completed out of a term of 10 years. But the High Court says (the) period of incarceration (is) not important.”

Appearing for the Central Bureau of Investigation (CBI), Solicitor General Tushar Mehta noted that Sengar’s appeal challenging the conviction is scheduled to be heard on February 11 and suggested that the trial court be asked to take it up on an “out of turn basis”.

Dave said that the normal practise is to suspend the sentence when the appeal is being heard. The SC bench, however, pointed out that he is also undergoing life imprisonment in the rape case as well.

On December 23, 2025, the Delhi HC suspended Sengar’s sentence in the rape case. The HC said that the “offence under Section 5(c) of the Pocso Act is not made out against the appellant on account of him not falling within the definition of a public servant”.

The CBI challenged this before the Supreme Court, which, on December 29, 2026, stayed the HC order.