The Supreme Court on December 29, 2025, stayed the Delhi High Court's order granting bail to Kuldeep Singh Sengar, the former BJP MLA convicted in the 2017 Unnao rape case involving a minor. A three-judge vacation bench led by Chief Justice Surya Kant also issued notice to Sengar on the Central Bureau of Investigation's appeal challenging the High Court's December 23 decision.

The bench acknowledged substantial questions of law arising in the matter, particularly regarding the applicability of enhanced penalties under the Protection of Children from Sexual Offences (POCSO) Act. While noting the court's general reluctance to stay bail orders without hearing the beneficiary, it cited peculiar circumstances—including Sengar's concurrent conviction in a separate offence—as justification for the interim stay.

Sengar, convicted in December 2019 for rape and related offences under the Indian Penal Code and POCSO Act, had been sentenced to life imprisonment. The trial court applied aggravated provisions, treating him as a public servant due to his status as an MLA, attracting stricter punishment.

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The Delhi High Court suspended the sentence pending appeal, holding prima facie that an MLA does not qualify as a public servant under relevant POCSO sections, nor falls within categories like persons in positions of trust or authority warranting enhanced penalties. This interpretation formed the basis for granting bail.

The CBI contested the High Court's view, prompting the apex court's intervention. With the stay in place, Sengar remains incarcerated, also serving a separate 10-year sentence for culpable homicide in the death of the survivor's father. The matter will proceed with responses due in four weeks.

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