Supreme Court Rejects Kuldeep Sengar's Bail Plea in Unnao Custody Death Case
The Supreme Court of India has firmly refused to entertain the bail application of former Bharatiya Janata Party (BJP) leader Kuldeep Sengar in the high-profile case concerning the death of the Unnao rape survivor's father in police custody. The apex court directed the Delhi High Court to expedite the hearing of Sengar's appeal against his conviction on a priority basis, highlighting the prolonged incarceration period of nine years and seven months he has already served.
Court Directs Delhi High Court to Prioritize Appeal
A three-judge bench, led by Chief Justice of India Surya Kant and including Justices Joymalya Bagchi and N V Anjaria, issued this directive while hearing Sengar's appeal against the Delhi High Court's January 19 order. That order had denied his plea for suspension of sentence and bail. The Supreme Court emphasized that Sengar's appeal, pending before the Delhi High Court, should be taken up within one week, potentially alongside the appeal filed by the rape survivor to ensure coordinated proceedings.
The bench stated, "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."
Legal Arguments and Incarceration Details
During the proceedings, Senior Advocate Siddhartha Dave, representing Sengar, argued that his client had completed nine years and seven months of a ten-year sentence, but the High Court had disregarded the significance of this incarceration period. In response, Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigation (CBI), noted that Sengar's appeal challenging the conviction is scheduled for hearing on February 11 and suggested an "out of turn basis" for the trial court.
Dave contended that suspending the sentence during appeal hearings is standard practice. However, the Supreme Court bench pointed out that Sengar is also serving a life sentence in the separate Unnao rape case, complicating the bail considerations. This reference underscores the gravity of the charges against him, involving multiple serious offenses.
Background on Related Legal Proceedings
The legal saga includes the Delhi High Court's December 23, 2025, order suspending Sengar's sentence in the rape case, citing that the offense under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act did not apply as he was not a public servant. However, the CBI challenged this decision, leading the Supreme Court to stay the High Court's order on December 29, 2026, maintaining the severity of his convictions.
This case has drawn significant public and media attention due to its implications for justice in sexual assault and custodial death matters. The Supreme Court's refusal to grant bail reinforces the judicial commitment to thorough examination of such sensitive cases, ensuring that appeals are heard promptly without compromising legal rigor.
The ongoing proceedings highlight the complexities of balancing incarceration time with the need for fair trial appeals, especially in cases involving heinous crimes. As the Delhi High Court prepares to prioritize Sengar's appeal, stakeholders await further developments that could impact the final outcomes in both the custody death and rape cases.
