In a controversial decision that is drawing a fresh debate on the handling of sexual assault cases, the Allahabad High Court has granted bail to a man accused of rape, stating that the woman, being an adult and educated, had "invited trouble" upon herself.

While granting bail to Nischal Chandak, Justice Sanjay Kumar Singh stated that even if the woman’s claims were considered true, she too appeared to be partly responsible for what happened. The judge pointed out that the woman is a postgraduate student, saying that she was “competent enough to understand the morality and significance of her act.”

According to the FIR filed on September 23, 2024, the woman alleged that Chandak raped her after she became heavily intoxicated at a bar. She said she believed they were heading to his house so she could rest, but instead, he took her to a relative’s flat and raped her twice. She claimed she was too intoxicated to resist.

The court, however, appeared to place some responsibility on the survivor, pointing out that she had chosen to drink at the bar and stayed there late into the night. It also highlighted her decision to go with the accused afterwards. In a remark that has drawn criticism, the judge said she “invited trouble and was also responsible for the same.”

Although the medical report confirmed that the woman’s hymen was torn, the court pointed out that the doctor hadn’t clearly stated whether a sexual assault took place. Taking this into account, along with the accused’s claim that the act was consensual and his clean criminal record, the court ruled that the case was suitable for granting bail.

While the state did oppose the bail plea, it didn’t challenge the sequence of events presented by the defense, including the woman’s visit to the bar and what happened afterward.

 

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