In a recent judgment, the Allahabad High Court granted bail to a man accused of raping a college student. The Court took a serious view of the victim’s own role in the incident, stating that she had “invited trouble herself and was also responsible for it.”
The case involved a woman, a postgraduate student, who alleged that she was raped after going to a bar with friends in Delhi. According to her complaint, she had consumed alcohol and was heavily intoxicated. She claimed the accused, whom she met at the bar, offered to help her and insisted she accompany him to his house to rest.
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As per her version, she agreed due to her condition. However, instead of taking her to his house in Noida, the accused allegedly took her to a relative's apartment in Gurgaon, where he reportedly raped her.
But during the bail hearing, Justice Sanjay Kumar Singh, while referring to her own statement and the FIR, made key observations:
“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.”
The Court also noted the findings of the medical report. While it confirmed that the victim’s hymen was torn, the doctor did not give any opinion regarding a sexual assault:
“In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault.”
Another significant point taken into account by the Court was the educational background of the victim. It was stated that as an M.A. student, she was mature enough to understand the implications of her decisions.
“As an MA student, the victim was competent enough to understand the morality and significance of her act.”
The accused, who had been in jail since December 2024, sought bail through his counsel. His lawyer argued that even if the victim’s claims were taken at face value, the situation did not clearly indicate rape, but possibly a consensual act between two adults.
The lawyer emphasized that the accused had no criminal history and had been in custody for several months. He assured the Court that the accused would not misuse the bail if granted and would fully cooperate in the ongoing legal proceedings.
The Additional Government Advocate (AGA) opposed the bail but did not challenge the core facts presented by the defense, especially those drawn from the victim’s own statement.
Taking everything into account, including the statements, medical report, and lack of previous offenses, the Court decided to grant bail. In its conclusion, the Court remarked:
“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.”
