Bail to rape accused: HC remarks, victim herself invited trouble, is herself responsible for the incident

Court (symbolic) – Photo : Prime Look

The court said that the victim herself has admitted in the FIR that she voluntarily went to a bar in Delhi with her three female friends, where she drank alcohol and got intoxicated. She stayed in the bar till 3 am. During this time the accused asked her to come to his house.

While granting bail to the rape accused, the Allahabad High Court said that both the parties are adults and the victim is an educated girl. In such a situation, they should have understood the legal and moral consequences of their decisions. Even if the victim’s allegations are considered correct, it can be said that she herself has invited trouble. She herself is responsible for the incident. While making this remark, a single bench of Justice Sanjay Kumar Singh accepted the bail plea of ​​​​Nishchal Chandak.

The court said that the victim herself has admitted in the FIR that she voluntarily went to a bar in Delhi with her three female friends, where she drank alcohol and got drunk. She stayed in the bar till 3 am. During this time the accused asked her to go to his house. She agreed to go with him as she needed support in a drunken state. On the way, the accused took her to a flat and committed the crime.

The victim had lodged a case against the accused under sections of rape in Sector 126 police station of Gautam Buddha Nagar. The accused has been in jail since December 11, 2024. He filed a petition in the High Court for bail. The counsel for the petitioner argued that even if all the allegations are considered true, this is not a case of rape but of a consensual relationship between the two. If bail is granted, he will not misuse it. The state government opposed the bail. The court said that keeping in mind the circumstances, nature of the crime, evidence, involvement of the accused and arguments, I have come to the conclusion that the applicant has made out a case for bail. Hence this bail petition is accepted.