The Allahabad High Court recently remarked that a woman herself had invited trouble and was responsible for the alleged rape committed against her [Nischal Chandak v. State of UP].Justice Sanjay Kumar Singh made this comment while granting bail to an accused who was arrested in December 2024 for alleged rape of a woman he had met at a bar in Hauz Khas, Delhi.“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,” the Court said..It can also be concluded that she herself invited trouble and was also responsible for the same.Justice Sanjay Kumar Singh.The case dates back to September 2024 when the woman, a student of a popular Noida-based university, had gone to a bar in Delhi with her three female friends. There, she is stated to have met some male acquaintances, one of whom was the accused.The victim in her complaint to the Noida Police said she was intoxicated after drinking alcohol and the accused was getting closer to her. They stayed at the bar till 3 AM and the accused kept asking her to come with her, she told the police.She added that due to his insistence, she agreed to go with him to his house “to rest”. She further alleged that he kept touching her inappropriately on the way and instead of taking him to his place in Noida, he took her to a relative’s flat in Gurgaon, where he raped her..The victim then approached the police, leading to registration of a First Information Report (FIR) at a Noida police station. The accused was arrested on December 11, 2024. In his bail plea, the accused told the Court that since the woman needed support, she herself had agreed to go to his place and take rest. He denied the allegation that he had taken her to his relative’s flat and raped her twice. He also claimed that it was not a case of rape, but of consensual sex..The Court said that 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.“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,” it ordered..Senior Advocate Vinay Saran with Advocate Balbir Singh represented the accused..[Read Judgment]
