SHE HERSELF INVITED TROUBLE”: ALLAHBAD HIGH COURT GRANTS BAIL TO RAPE ACCUSED

The Allahabad High Court noted that, as a postgraduate student, the victim was mature enough to understand the moral and legal implications of her actions.

Weeks after an Allahabad High Court judge faced criticism for stating that actions such as grabbing a woman’s breasts or pulling the string of her pyjama do not constitute rape or an attempt to rape, another judge from the same court has granted bail to a rape accused, observing that the victim had allegedly placed herself in a compromising situation and bore responsibility for the incident.

On September 21, As per the victim’s statement, she had visited a bar in Delhi HAUZ KHAS with three of her female friends, where they consumed alcohol, she claimed they remained at the venue until around 3 a.m., during which she became heavily intoxicated.

While she was at the bar, the accused allegedly continued to persuade her to accompany him to his residence. Owing to her intoxicated condition and need for assistance, she agreed to go with him to rest. Further she alleged that the accused inappropriately touched on their journey and took her to his relative’s flat in Gurgaon instead of his own house in Noida. There the accused allegedly raped her twice.

While granting bail to the accused, Justice Sanjay Kumar Singh observed that, even if the victim’s allegations were accepted as true, it could be concluded that she had placed herself in a vulnerable situation and bore some responsibility for the events that followed. He noted that a similar stance was reflected in the victim’s own statement. Additionally, the medical examination revealed a torn hymen; however, the examining doctor did not offer a conclusive opinion regarding sexual assault.

The High Court bench further observed that the victim, being a postgraduate (MA) student, was mature enough to understand the moral and legal implications of her actions, as indicated in the FIR.

It is noteworthy that the accused had approached the High Court seeking bail. His counsel argued that, even if all the allegations made by the victim were accepted as true, the incident did not constitute rape but rather appeared to be a case of a consensual relationship between the two parties.

The defence counsel also submitted that the accused had been in judicial custody since December 2024 and had no prior criminal record. It was further argued that, if granted bail, the accused would not misuse the liberty and would fully cooperate with the proceedings to ensure timely disposal of the case.

After considering all submissions, Justice Sanjay Kumar Singh granted bail to the accused. In his order, he stated: “Considering the facts and circumstances of the case, as well as the nature of the offence, the available evidence, the accused’s alleged involvement, and the arguments presented by both parties, I believe a case for bail has been made out. Accordingly, the bail application is allowed.