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Synopsis

In a decision that is likely to trigger a fresh wave of outrage over judicial insensitivity in sexual assault cases, the Allahabad High Court has granted bail to a man accused of rape while observing that the victim, being an adult and educated, had "invited trouble" upon herself.

Justice Sanjay Kumar Singh, while allowing bail to Nischal Chandak remarked that even if the woman’s allegations were accepted as true, it could still be concluded that she was also responsible for the incident.

The judge drew attention to her being a postgraduate student, which in the court’s view meant she was “competent enough to understand the morality and significance of her act.”

The woman had lodged an FIR on September 23, 2024, alleging that Chandak raped her two days earlier after she became intoxicated at a bar and was taken to a relative’s flat. She stated that she was too intoxicated to resist and had gone along with him believing they were heading to his house so she could rest. Instead, he allegedly raped her twice.

However, the court appeared to shift part of the blame on the survivor, observing that she had consumed alcohol voluntarily at the bar and stayed there until 3 AM, and that she chose to accompany the accused afterwards. “She herself invited trouble and was also responsible for the same,” the court noted in a controversial observation.

While acknowledging that the victim’s hymen was found torn during medical examination, the court noted that no conclusive opinion regarding sexual assault had been provided by the doctor. Citing this, along with the applicant’s claim of a consensual encounter and his lack of criminal history, the court concluded that a “fit case for bail” was made out.

The state opposed the bail application but did not dispute the basic factual sequence narrated by the defense, including the survivor’s visit to the bar and subsequent events.

Case Title: Nischal Chandak Vs. State of U.P.