New Delhi:The Supreme Court on Monday refused to grant bail to expelled BJP leader Kuldeep Sengar in the custodial death case of the Unnao rape survivor’s father, observing that the matter involves serious offences linked to “moral turpitude”.
A three-judge Bench headed by Chief Justice of India Surya Kant, however, directed the Delhi High Court to hear Sengar’s appeal against his conviction on a priority basis.
The top court said the High Court should decide the appeal within three months, preferably along with the survivor’s plea seeking enhancement of Sengar’s sentence.
The direction came after Solicitor General Tushar Mehta informed the court that the victim’s appeal for enhancement of punishment is already listed before the Delhi High Court on February 11.
Allowing procedural flexibility, the Supreme Court said the High Court may club both appeals for joint hearing if it finds it appropriate, even if it requires a change in the bench composition.
Kuldeep Sengar was sentenced on March 13, 2020, to 10 years of rigorous imprisonment by a trial court in the custodial death case. The court had also imposed a fine of ₹10 lakh, stressing that no leniency was warranted as the deceased was the sole breadwinner of the family.
The trial court convicted Sengar for culpable homicide not amounting to murder, holding that while there was no intent to kill, the offence merited the maximum punishment prescribed under the law.
Sengar approached the Supreme Court after the Delhi High Court, on January 19, declined to suspend his sentence, citing delays in the proceedings that were partly attributed to repeated applications filed by the accused.
Arguing for bail, senior advocate Siddharth Dave submitted that Sengar has already spent over nine years and seven months in custody out of his 10-year sentence. He also pointed out that some co-accused had been released after completing their terms.
The Supreme Court, however, was not persuaded, reiterating that the gravity of the offence and its moral implications could not be overlooked.
Sengar’s appeals against his conviction in both the custodial death case and the 2017 Unnao rape case remain pending before the Delhi High Court.
Although the High Court had suspended his life sentence in the rape case in December 2025, Sengar continues to remain in jail due to the subsisting sentence in the custodial death matter.
The Unnao cases were transferred from Uttar Pradesh to Delhi in 2019 on the Supreme Court’s directions to ensure a fair trial.
