Allahabad High Court blames rape survivor, says she ‘invited trouble’

In yet another controversial ruling, the Allahabad High Court has granted bail to a rape accused, stating that the survivor, a postgraduate student, “invited trouble” and bore responsibility for the incident.

Justice Sanjay Kumar Singh made these remarks while granting bail to Nischal Chandak, who was arrested in December 2024 for allegedly raping a woman he met at a Delhi bar.

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Case details

The survivor, in her FIR, said, she went to a bar in Delhi along with three female friends, where they consumed alcohol, due to which she became intoxicated.

There, she is stated to have met some male acquaintances, one of whom was the accused.

She stated that due to the intoxication, and the accused's repeated insistence asking her to go with him, agreed to go to the accused’s home to rest.

She alleged that instead of taking her to his house in Noida, he took her to a relative’s flat in Gurgaon and raped her twice.

However, the court, citing her educational background, stated she was mature enough to understand the “morality and significance” of her actions.

The judge further observed that even if her allegations were accepted as true, she was “also responsible for the same”.

Also Read: Minor gangrape case: SC cancels bail granted to two men by Allahabad HC

Defence arguments

In his bail plea, the accused stated that the woman, needing support, had voluntarily agreed to accompany him to his residence to rest.

He denied the allegation that he took her to his relative’s flat and raped her twice.

The accused's counsel argued that the case did not amount to rape but suggested the incident could be seen as consensual.

The defence highlighted that the accused had no prior criminal history and had cooperated with the investigation since his arrest.

They also assured the court there would be no tampering with evidence or evasion of judicial process.

Court’s justification

The court ruled in favour of granting bail, emphasising that the survivor had voluntarily accompanied the accused and that the medical report, while noting a torn hymen, did not conclusively state sexual assault had occurred.

Justice Singh concluded that the case warranted bail, keeping in view the circumstances of the case, the nature of the offence, complicity and the lack of prior criminal history.

Backlash backdrop

This judgment comes close on the heels of another recent ruling by a different Allahabad HC judge, which was stayed by the Supreme Court due to “inhuman” and “insensitive” observations.

A bench of the Allahabad High Court observed that actions like groping a girl, pulling the string of her pyjama, and attempting to drag her do not amount to rape or attempted rape. Instead, the court categorised these acts as 'aggravated sexual assault'

The apex court expressed serious concern over the growing lack of sensitivity in judicial commentary on sexual violence.

Also Read: SC stays HC’s ‘grabbing woman’s breast not rape’ ruling, slams judge