She Invited Trouble”: Allahabad High Court Judge’s Bail Order In Rape Case

Weeks after an Allahabad High Court judge observed that grabbing breasts or snapping a pyjama string do not constitute rape or attempt to rape, his colleague has granted bail to a rape accused, noting that the victim “invited trouble and was also responsible for the same”.

According to the FIR registered in September last year, the victim is a postgraduate student and lived as a paying guest in Delhi. On September 21, she and her friends visited a restaurant in Hauz Khas. They drank there till 3 am and became “very intoxicated”. “Since she needed support, therefore, she herself agreed to go to the house of the applicant and take rest,” Justice Sanjay Kumar Singh has said in the order.

The allegation of the victim that applicant instead of his house took her to his relative’s flat and raped her twice is false and against the evidence on record. On the strength of said facts, it is argued that considering the facts of the case as disclosed by the victim, it is not a case of rape but may be a case of consensual relationship between the parties concerned,” the order added.

Justice Singh has said that the accused’s counsel has submitted that there is no chance of him running from the judicial process or tampering with evidence. The counsel has also pointed out that Nischal has been in jail since December 11 and that he has no criminal history. The counsel has assured the court that the accused will not misuse the liberty of bail.