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Allahabad High Court Grants Bail in Rape Case, Cites Victim's 'Responsibility'

The court's controversial remarks that the victim 'invited trouble' have drawn sharp criticism, including from the Supreme Court for insensitivity in judicial observations.

While granting bail to the accused, the Allahabad high court said that the applicant has made out apt case for bail.
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The court added that the victim was competent enough to understand the “morality and significance of her act” as disclosed by her in the first information report (FIR (For representation only)
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Overview

  • Justice Sanjay Kumar Singh of the Allahabad High Court granted bail to Nischal Chandak, accused of raping an MA student in September 2024.
  • The court stated that even if the victim's allegations were true, she 'invited trouble' and bore partial responsibility for the incident.
  • The victim alleged that she was intoxicated at a bar in Delhi and agreed to accompany the accused, who later allegedly raped her in a relative's apartment.
  • The Supreme Court criticized the high court's judgment, describing it as reflecting a 'total lack of sensitivity' and called for responses from the Centre and Uttar Pradesh government.
  • The case has reignited national debates on judicial accountability, victim blaming, and the handling of sexual violence cases in India.