The Allahabad High Court recently observed that a woman had "invited trouble" and was partly responsible for the alleged rape committed against her, while granting bail to the accused in the case [Nischal Chandak v. State of UP].
Justice Sanjay Kumar Singh made the remark while considering the bail plea of a man arrested in December 2024 for allegedly raping a woman he met at a bar in Delhi’s Hauz Khas.
The Court stated, "Even if the victim’s allegations are taken as true, it can be concluded that she herself invited trouble and was also responsible for the same. Her statement reflects a similar stance. While her hymen was found torn in the medical examination, the doctor did not confirm sexual assault."
Case Background
The incident dates back to September 2024, when the survivor, a student at a prominent Noida university, visited a bar in Delhi with friends. There, she met the accused and other male acquaintances.
In her police complaint, she stated that she had consumed alcohol and felt intoxicated, after which the accused persistently asked her to accompany him. They stayed at the bar until 3 AM, after which she agreed to go with him to his home to rest.
However, she alleged that instead of taking her to his Noida residence, he took her to a relative’s flat in Gurgaon, where he sexually assaulted her. Following this, she filed an FIR with Noida police, leading to the accused’s arrest on December 11, 2024.
Accused’s Defense & Court’s Observations
The accused, in his bail application, claimed that the woman had willingly gone with him and that their interaction was consensual. He denied taking her to a relative’s flat or committing rape.
The Court noted that the survivor, being a postgraduate student, was capable of understanding the "morality and implications of her actions." Considering the circumstances, evidence, and arguments, the judge ruled in favor of bail, stating that the accused had made a "fit case for bail."
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