In a controversial decision, the Allahabad High Court has granted bail to a man accused of rape, stating that the woman “invited trouble” and was “also responsible” for the situation.
Justice Sanjay Kumar Singh granted the bail in the case of Nischal Chandak v. State of Uttar Pradesh. The accused, arrested in December 2024, was alleged to have raped a woman he met at a bar in Hauz Khas, Delhi.
CASE BACKGROUND
The incident occurred in September 2024, when the victim, a postgraduate student from a reputed Noida-based university, visited a Delhi bar with three friends. There, she met some male acquaintances, including the accused.
In her police complaint, she claimed that after consuming alcohol, the accused repeatedly insisted she accompany him. She eventually agreed to go with him to “rest,” believing they were heading to his home in Noida. Instead, he allegedly took her to a relative’s flat in Gurgaon, where the rape occurred.
The woman filed an FIR at a Noida police station, following which the accused was arrested on December 11, 2024.
ACCUSED’S Defence
In his bail plea, the accused claimed the act was consensual, arguing that the woman willingly agreed to go with him and denied taking her to his relative’s flat with any malicious intent. He further contended that she needed support and voluntarily accompanied him.
COURT’S REMARKS
While granting bail, Justice Sanjay Kumar Singh made remarks that have sparked legal and public debate:
“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 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 the doctor did not give any opinion about the sexual assault.”
The Court also emphasized the woman’s educational background:
“The victim is a postgraduate student and was thus competent enough to understand the morality and significance of her act as disclosed by her to the police.”
BAIL GRANTED
Considering the overall circumstances, the High Court ruled in favor of the accused:
“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.”
LEGAL REPRESENTATION
The accused was represented by Senior Advocate Vinay Saran along with Advocate Balbir Singh.
