The Allahabad High Court granted bail to a rape accused, stating the woman “invited trouble” herself. The Court noted her maturity and questioned the nature of the allegations.
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UTTAR PRADESH: The Allahabad High Court made a strong observation while giving bail to a man accused of rape. The Court said that the woman in this case had “invited trouble” herself and was also responsible for what happened.
The comment was made by Justice Sanjay Kumar Singh during the bail hearing of the accused who was arrested in December 2024 for allegedly raping a woman in Delhi’s Hauz Khas area.
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The Court observed,
“This Court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same. Similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault.”
“It can also be concluded that she herself invited trouble and was also responsible for the same.”
:Justice Sanjay Kumar Singh
This case goes back to September 2024. A young woman, who is a student at a well-known university in Noida, had gone to a bar in Delhi with her three female friends. At the bar, she met some male acquaintances. One of them was the accused.
As per the woman’s complaint to the Noida Police, she drank alcohol at the bar and started feeling intoxicated. She said the accused began getting close to her and was constantly requesting her to come with him. She stayed at the bar till around 3 AM, and because of his repeated requests, she finally agreed to go with him to rest.
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She alleged that on the way, the accused kept touching her in an inappropriate way. Instead of taking her to his house in Noida, he took her to a relative’s flat in Gurgaon, where she said he raped her.
After this, the woman approached the police and filed a complaint. A First Information Report (FIR) was registered at a Noida police station, and the accused was later arrested on December 11, 2024.
During the bail hearing, the accused denied the rape allegations. He told the Court that the woman needed support, and she willingly agreed to go with him to his place to rest. He said that it was not rape, but consensual sex, and he did not take her to his relative’s flat as claimed.
The High Court said that the victim is a postgraduate student, so she is mature and capable enough to understand what she was doing.
The Court noted that she understood the “morality and significance of her act”, as per what she herself told the police.
After listening to both sides, the Court gave its verdict:
“Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.”
The accused was represented by Senior Advocate Vinay Saran and Advocate Balbir Singh.
CASE TITLE:
Nischal Chandak v. State of UP.
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