The Allahabad High Court has stirred controversy once again after granting bail to a rape accused while observing that the victim had "invited trouble" and was "also responsible" for the alleged incident.
The judgement has sparked concern, especially as it follows a recent controversial ruling by another judge of the same court who opined that groping or breaking the string of a woman’s pyjamas did not amount to rape or an attempt to rape.
In the latest case, the alleged incident took place after the complainant, a postgraduate student, visited a bar in Delhi with three female friends. According to her statement, they consumed alcohol and stayed at the venue until 3 a.m.
The complainant claimed that she was heavily intoxicated and needed assistance.
During the evening, the accused reportedly persistently urged her to accompany him to his residence. Owing to her state, she agreed to go with him to rest.
However, instead of taking her to his home in Noida, the accused allegedly transported her to a relative’s flat in Gurugram (Gurgaon), where he is said to have raped her twice.
In the bail order, Justice Sanjay Kumar Singh remarked that, even if the allegations made by the complainant were accepted as true, "it can also be concluded that she herself invited trouble and was also responsible for the same." The court further noted that the victim, being a student pursuing her Master of Arts degree, was "competent enough to realise the morality and significance of her act."
The judge also referred to the complainant’s medical examination, stating that although her hymen was found torn, the medical professional did not offer any conclusive opinion on whether a sexual assault had occurred.
The accused’s counsel contended that, even if the allegations were presumed true, the case did not constitute rape but could be interpreted as a consensual encounter.
The defence also argued that the accused had no previous criminal record and had been incarcerated since December 2024. The counsel assured the court that the accused would not misuse his liberty if granted bail and would cooperate fully with the judicial process.
Taking all factors into account, including the nature of the allegations, available evidence, and the circumstances of the accused, the High Court allowed the bail plea.
In the order, Justice Singh stated, "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 an apt case for bail.
Hence, the bail application is hereby allowed."
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