CBI Challenges Grant Of Bail To Accused In Unnao Rape Case By Delhi HC In SC: The CBI has filed an appeal in the Supreme Court against a Delhi High Court decision to grant bail on medical grounds and suspend the life sentence awarded to former MLA Kuldeep Singh Sengar in the Unnao rape case.
Unnao Rape Case: CBI Challenges Delhi High Court Order Granting Bail to Accused Sengar, Moves Supreme Court
The Central Bureau of Investigation (CBI) has said it would approach the Supreme Court of India against a recent Delhi High Court order that had suspended the life imprisonment of former Uttar Pradesh MLA Kuldeep Singh Sengar and granted bail to him in the infamous Unnao rape case. The decision has reignited heated legal and public debate about sentencing, the protection of victims, and judicial discretion in serious sexual offence cases.
The agency is set to file a Special Leave Petition seeking cancellation of bail and restoration of the sentence, raising questions about the gravity of the offence and its broader impact on public confidence in the justice delivery system.
Background of the Unnao Rape Case
The Unnao rape case dates back to 2017, when a minor girl had alleged that Kuldeep Singh Sengar, who was a powerful political icon at the time, had raped her. The case immediately attracted attention as a symbol of the failure of the institutions, with the survivor and her family repeatedly alleging harassment and intimidation while also being denied justice.
The case was transferred to Delhi from Uttar Pradesh as the court, taking into consideration the heinous and sensitive nature of the offence and apprehension against a free and fair investigation and trial, felt that it would be in the interest of justice to get this sensational crime tried in Delhi under judicial supervision. Sengar was convicted and sentenced to life in prison for rape, kidnapping, and criminal conspiracy by a trial court in 2019.
Order of the Delhi High Court granting bail and suspending sentence
During the hearing of Sengar’s appeal against conviction, the Delhi High Court had recently suspended his life imprisonment and ordered him bail till the final disposal of the appeal. The Court observed that the defendant had already served some time in detention and set several strict bail conditions, including:
- Entering a recognisance of high value with a surety or sureties
- Staying within the territorial jurisdiction of Delhi
- Keeping a distance from the survivor and her family
- Avoiding any contact or intimidation
The High Court held that the petitioner would lose bail if he breached any of the conditions.
Why the CBI Is Challenging the Bail Order
The CBI has opposed the High Court order, saying it will tend to dilute the gravity of the offence, and would set a “troubling precedent” in cases relating to sexual violence, particularly when the accused was earlier wielding considerable influence.
The agency’s key concerns are:
- The barbarous nature of the offence committed on a minor victim
- The risk of physical and emotional harm to the survivor
- The effect of suspended sentences on public confidence in the administration of justice
- The principle that life terms for serious crimes are not to be suspended lightly
The CBI has moved the Supreme Court to get clarity on whether bail is to be extended in such matters pending the final decision on the appeal.
What’s at Stake in the Supreme Court Challenge
The Supreme Court hearing of the CBI’s plea is important for many reasons:
- Judicial Discretion vs. Public Interest:
The case will test how courts weight individual freedom against society’s interest in serious criminal cases. - Victim-Centric Justice:
It questions how much courts should consider survivor safety and trauma in deciding on bail. - Suspension of Sentence in Rape Convictions:
This decision could shape future rulings on whether life sentences in rape cases may be suspended while appeals are pending. - Precedential Value:
A verdict from the country’s highest court will have a binding effect on subordinate courts across India.
Current Status of the Accused
While Sengar was ordered released on bail in the rape case, he remains under arrest in connection with his conviction in a related case about the death of the survivor’s father while in custody — a separate conviction that carries an additional sentence. Thus, the High Court order does not mean his immediate release.
conclusion
This development marks another key chapter in the long-running Unnao rape case. The outcome will not only affect the accused but could also influence how courts handle bail and sentence suspension in serious sexual crimes. For the legal system, the case remains a test of its commitment to accountability, victim safety, and the rule of law.
Frequently Asked Questions (FAQs) on the Unnao Rape Case and CBI’s Supreme Court Move
Why did the CBI go to the Supreme Court in the Unnao rape case?
The CBI has said that granting bail and staying a life sentence in a serious rape case is neither legally nor morally correct. It has sought cancellation of bail and revival of the sentence from the Supreme Court.
What is a Special Leave Petition (SLP)?
SLP is a statutory remedy under Article 136, allowing the Supreme Court to review orders passed by lower courts when there are substantial questions of law or justice.
Can the Supreme Court cancel a bail granted by the High Court?
Yes. The Supreme Court can set aside or alter bail orders if these are found to be legally unsustainable or contrary to justice.
