Invited Trouble Herself: Allahabad High Court Calls Victim 'Responsible' For Rape, Grants Bail To Accused

The Allahabad High Court while allowing bail to a rape accused has remarked that the victim 'invited trouble herself' and was 'responsible' for it.

The Court was considering a Bail Application filed by an Accused roped in for an offence under Section 64 of the Bharatiya Nyaya Sanhita, 2023.

The single bench of Justice Sanjay Kumar Singh observed, "I find that it is not in dispute that victim and applicant both are major. Victim is student of M.A., hence she was competent enough to understand the morality and significance of her act as disclosed by her in the F.I.R. 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 Applicant was represented by Advocate Balbir Singh while the Respondent was represented by Government Advocate.

Counsel for the Applicant argued that it is an admitted case of the Victim that she is major girl residing in PG Hostel and on her own volition, along with her girl friends and their male friends, went tothe Bar, where she drank alcohol together, due to which she became very intoxicated. It was submitted that she herself agreed to go to the house of the Applicant and take rest and the allegation of the Victim is that Applicant instead of his house took her to his relative's placed and raped her twice is false and against the evidence on record. It was thus averred that it is not a case of Rape but may be a case of consensual relationship between the parties concerned. The Counsel also submitted that there is no chance of the Applicant of fleeing away from the judicial process or tampering with the evidence.

It was argued that the accused is languishing in jail without any criminal history. The Court went on to grant the accused bail while calling the victim 'responsible' for the act in its observation.

"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," the Court observed.

Cause Title: Nischal Chandak vs. State of U.P. (2025:AHC:35383)

Click here to read/ download Order