In a decision that’s coming under fire for what’s being called judicial indifference to sexual assault cases, the Allahabad High Court released on bail a man who was charged with rape, noting that the complainant, an educated adult, had ‘invited trouble’ upon herself.
The order, which was given by Justice Sanjay Kumar Singh, granted bail to Nischal Chandak, the accused man. In passing the verdict, the court observed that even if the woman’s account was accepted at face value, it would then imply that she was responsible for the occurrence. “She herself invited trouble and was also responsible for the same,” the court observed.
The woman, a postgraduate student, had registered an FIR on September 23, 2024, claiming that Chandak raped her after she got drunk at a bar and was taken to a relative’s apartment. She claimed that she believed that they were going to his house so that she could sleep, but instead he allegedly raped her twice.
In spite of the gravity of the accusations, the court emphasized her level of education and social consciousness, declaring that she was ‘competent enough to know the morality and the importance of her act’.
The judge further referred to her movements that evening, such as her own consumption of alcohol willingly and staying at the bar until 3 AM before deciding to follow the accused. These, as claimed by the court, led to the incident.
The medical examination did verify the survivor’s hymen was ruptured, but the doctor could not provide a positive opinion as to whether sexual assault had occurred. Based on this, and the accused’s contention that the affair was consensual and his impeccable criminal record, the judge deemed it a ‘fit case for bail’.
While the prosecution had resisted the bail application, the state had not disagreed with the overall time sequence of events placed before it by the defence, such as the woman’s presence at the bar and her choice to accompany the accused.
