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HC says victim invited trouble, grants bail to rape accused
The victim went to a bar in Delhi along with three women friends, where they consumed alcohol, due to which she became intoxicated, according to the victim’s version in the FIR.
: Observing that the victim herself invited trouble, the Allahabad high court has granted bail to a rape accused.
The woman, a student of a private university, had accompanied the accused after allegedly getting drunk and was later allegedly raped by the accused. The woman had alleged that the accused, whom she met at a bar in Hauz Khas, Delhi, raped her twice in his relative’s apartment after she had agreed to go to his place to rest, as she was heavily intoxicated and needed support after consuming alcohol.
“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,” Justice Sanjay Kumar Singh observed as he allowed the bail plea of the accused.
The court added that the victim was competent enough to understand the “morality and significance of her act” as disclosed by her in the first information report (FIR).
The victim went to a bar in Delhi along with three women friends, where they consumed alcohol, due to which she became intoxicated, according to the victim’s version in the FIR.
She further claimed that she remained at the bar until around 3 am. and during her time there, the accused kept on insisting she accompany him to his house, according to the FIR. As she was in need of support due to her condition, she agreed to go with him to rest, the FIR added.
She further alleged, the accused touched her inappropriately on the way and instead of taking her to his residence in Noida, as she had expected, he took her to a relative’s flat in Gurgaon, where he committed rape against her, according to the victim’s version in the FIR.
The FIR in this connection was lodged by the victim on September 23,2024 at the Sector 126 police station in Gautam Buddha Nagar district.
Seeking bail in the case, the accused moved the high court, wherein his counsel argued that even if all the allegations are taken to be true, it is not a case of rape, but may be a case of consensual relationship between the parties concerned.
It was also argued that the accused has been languishing in jail since December 2024, having no criminal history, and that if he is released on bail, he will not misuse the liberty but will cooperate in the early disposal of the case.
The additional government advocate for the state opposed the prayer for bail of the applicant in the light of the FIR.
The court, in its order dated March 11, granted bail to the accused applicant Nischal Chandak by observing , “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.”
