The Allahabad High Court has granted bail to a man accused of raping a postgraduate student, with the Court controversially observing that the woman “herself invited trouble” and was “responsible for the same.” The ruling was passed by Justice Sanjay Kumar Singh in the case Nischal Chandak v. State of UP, sparking concern over judicial reasoning in cases involving allegations of sexual assault.
The accused was arrested on December 11, 2024, after the woman, a student at a reputed Noida-based university, filed a complaint alleging rape. According to the FIR, the woman had gone to a bar in Delhi’s Hauz Khas area with three female friends in September 2024. There, she met the accused, reportedly an acquaintance, and alleged that after consuming alcohol, he insisted she accompany him to his place to rest.
She further claimed that while en route, the accused touched her inappropriately and instead of taking her to his residence in Noida, took her to a relative’s flat in Gurgaon where he raped her.
In his bail plea, the accused denied the allegations and asserted that the encounter was consensual. He claimed the woman had voluntarily agreed to accompany him.
Justice Singh, while granting bail, remarked:
“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.”
He further observed that the victim was a postgraduate student and “competent enough to understand the morality and significance of her act.”
The Court also took note of the medical report which found the hymen torn but did not offer a conclusive opinion regarding sexual assault.
“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,” the Court concluded.
The bail order and its accompanying remarks have sparked conversations around victim-blaming and the judiciary’s approach in sensitive cases involving consent and sexual violence.
Case: Nischal Chandak vs State of UP – Available on LAWFYI.IO
