LUCKNOW: The Allahabad High Court has granted bail to a rape accused, observing that the rape survivor had herself "invited trouble" and was responsible for the alleged act of rape on her.
The accused was arrested in December, 2024, for the alleged rape of the woman pursuing MA from Amity University, Noida campus, and has been in prison since then.
The accused had met the young woman at a bar in Hauz Khas, Delhi. The survivor had alleged that the accused, whom she met at a bar, raped her twice at his relative's flat after she had agreed to go to his place to rest, as she, accompanied by both her girl and boy friends, got heavily intoxicated and needed support after consuming alcohol at the bar till 3 am.
“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. In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault,” Justice Sanjay Kumar Singh observed, while allowing the bail plea of the accused.
The court held that as a student of post graduation, the victim was competent enough to understand the “morality and significance of her act” as disclosed by her in the first information report (FIR).
Essentially, as per the victim's version, she, of her own volition, went to a bar in Delhi along with three female friends, where they consumed alcohol, due to which she became intoxicated.
The victim further claimed that she remained at the bar until around 3 am and during her time there, the accused kept on insisting that she accompanied him to his house. As she was in need of support due to her condition, she agreed to go with him to rest.
However, she alleged that 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 on her.
While the incident allegedly took place on September 21, 2024, the victim got an FIR lodged in this connection on September 23,2024 at police station – Sector -126 at Gautam Budh Nagar district. She got the named FIR lodged against the accused.
Meanwhile, seeking bail in the case, the accused moved the Allahabad High Court, wherein, his counsel argued that even if all the allegations were taken to be true, it could be a case of consensual relationship between the parties concerned rather than being a case of rape.
It was also argued that the accused, with no criminal record, had been in the jail since December 2024 and if granted a bail, he would not misuse the liberty of bail and would cooperate in the early disposal of the case.
On the other hand, the additional government advocate for the state opposed the prayer for bail of the applicant in the light of the FIR, but he did not dispute the above mentioned factual aspect of the matter as argued on behalf of the applicant.
Against the backdrop of these submissions, Justice Sanjay Singh in its order dated March 11, 2025, granted bail to the accused applicant – Nischal Chandak while saying: “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.”
