Allahabad HC grants bail to rape accused, says survivor "invited trouble"

The Allahabad High Court (HC), in its recent verdict, granted bail to a rape suspect, stating that the "victim herself invited trouble and was also responsible for the alleged act."

According to the survivor, a postgraduate student, she and her female friends went to a bar in Hauz Khas, Delhi. At the pub, her friends and the accused were welcomed by a few other men they knew.

The accused took her to his relative's home in Gurgaon, after they were intoxicated, and sexually assaulted her twice. In December 2024, the accused was taken into custody after she filed a First Information Report (FIR) in Gautam Budh Nagar. The accused had later moved to HC for bail.

In a ruling dated March 11, Justice Sanjay Kumar Singh stated: "This court believes that even if the victim's allegation is accepted as true, it can also be concluded that she invited trouble and was also responsible for it."

In her statement, the survivor has taken a similar stance. Her hymen was discovered torn during her medical checkup, but the doctor made no remarks regarding the sexual assault.

According to the victim's account, she met the accused and a few other male friends at a bar in Delhi, where she was going with some female friends. The survivor became intoxicated after consuming alcohol at the bar.

According to the court, the victim, being a postgraduate student, was capable of understanding the moral weight and consequences of her actions as described in the FIR.

She further stated that she stayed at the bar until approximately 3.00 am, during which the accused repeatedly urged her to accompany him to his residence.

As she was feeling unwell and needed support, she agreed to go with him to rest, according to her statement.

She further alleged that the accused touched her inappropriately during the journey and, contrary to her expectation of being taken to his residence in Noida, he instead brought her to a relative's flat in Gurugram, where he raped her.

An FIR regarding the incident was registered by the survivor on September 23, 2024, in Gautam Budh Nagar.

The accused approached the high court seeking bail, with his counsel arguing that even if the allegations are presumed true, the case reflects a consensual relationship rather than rape.

The lawyer further submitted that the accused has been in custody since December 2024, has no prior criminal record, and assured that if granted bail, he would not misuse the liberty and would fully cooperate in the timely disposal of the case.

On the other hand, the Additional Government Advocate representing the state opposed the bail application based on the contents of the FIR, though he did not contest the factual claims made by the applicant’s counsel.

Taking into account the arguments presented by both sides, the court decided to grant bail to the accused. "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 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."