Allahabad HC holds woman 'responsible' in rape case, grants bail to accused: 'She invited trouble'

The Allahabad High Court, while granting bail in an alleged rape case said that the woman had "herself invited trouble" and was "responsible for the same". The court also noted that the woman was a major and, therefore, was "competent enough to understand the morality." The court's statement was made even as it found the victim's allegation to be true.

Justice Sanjay Kumar Singh of the Allahabad High Court while pronouncing the verdict said, "Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that victim and applicant both are major. Victim is a student of MA, hence she was competent enough to understand the morality and significance of her act as disclosed by her in the FIR."

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He added, "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."

The court also noted, "In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault."

This comes days after the Supreme Court stayed another controversial Allahabad High Court order which stated that grabbing a woman's breasts and pulling the drawstrings of her pyjama "did not amount to attempted rape." The top court called the order "total insensitivity" and "inhuman approach."

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What was the incident?

According to multiple reports, the woman, a student of a popular Noida-based university, in her complaint told the police that she and her friends went to a bar in Delhi's Hauz Khas and met the accused there. She also confessed that she was intoxicated as she consumed alcohol. She further stated that while leaving the bar, the accused asked her if he could drop her back to her place in Noida but took her to an apartment in Gurugram, where he allegedly raped her.

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The woman filed a complaint at the Noida Sector 126 police station in December 2024 and the accused was arrested under Bharatiya Nyaya Sanhita (BNS) Section 64 (punishment for rape).

Contesting the rape allegations, the counsel for the accused had claimed that it was consensual. The counsel also argued that the accused has been languishing in jail since December 2024, despite having no criminal history. The counsel guranteed the court that if he was released on bail, he would not misuse the liberty of bail and would cooperate in the early disposal of the case.

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"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," the court said.

(With inputs from agencies)