'Victim responsible for rape': Allahabad HC grants bail to accused

The Allahabad High Court granted bail to a man accused of raping a college student stating that the victim 'herself invited trouble' and was 'responsible' for the alleged act.

However, the victim stated that the accused, whom she met at a bar in 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.

"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. A similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn, but the doctor did not give any opinion about the sexual assault,” a bench of Justice Sanjay Kumar Singh observed, as it allowed the accused's bail plea.

The court also added that as an MA student, she was competent enough to understand the 'morality and significance of her act' as disclosed by her in the FIR. It said that the victim, of her own volition, went to a bar along with three female friends, where they consumed alcohol.

The victim claimed that she stayed at the bar until around 3 am, during which time the accused repeatedly insisted that she accompany him to his house. She agreed to go with him to rest due to her circumstances.

However, she said that the accused touched her inappropriately on the way and instead of taking her to his residence in Noida, he took her to a relative's flat in Gurgaon, where he raped her. 

Seeking bail in the case, the accused moved the HC. 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 in jail since December 2024, with no other criminal history, and that if granted bail, he will not misuse his liberty and will cooperate in the early disposal of the case.

Taking account of these arguments, the court granted him bail. "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 learned counsel for the parties, I am of the view that the applicant has made out. Hence, the bail application is hereby allowed," the court observed. 

(With inputs from LiveLaw)