The Allahabad High Court recently granted bail to an accused who had been charged with rape, noting that the woman in question was “also responsible” for the alleged heinous act committed against her.
While considering the bail plea of an accused named Nischal Chandak, Justice Sanjay Kumar Singh made the observations that could trigger public outrage. Chandak was detained in December 2024 in relation to an alleged rape case involving a postgraduate student of a Noida-based university.
The incident occurred in September 2024 when the woman accompanied three of her female friends to a bar in Hauz Khas, Delhi. According to the police complaint, there she ran into some of her male friends, including the accused. According to the woman, after they drank, the accused began acting extremely friendly to her and persisted in asking her to accompany him. Eventually, she agreed to go with him “to rest”.
The victim further alleged that he kept touching her inappropriately on the way. Instead of taking her to his place in Noida, he took her to a relative’s flat in Gurgaon, where he raped her, she alleged. She later approached the Noida Police and an FIR was filed. The accused in this case, Chandak was taken into custody on December 11, 2024.
During his bail plea, the accused rejected the allegations of rape and stated that the woman had consented to travel with him willingly and that the act was mutual. He refused the allegation that he took her to a relative’s house and kept insisting that he was innocent throughout the probe.
While granting bail, Justice Singh noted, “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.”
The Allahabad High Court also cited the woman’s educational background, stating that as a postgraduate student, she was capable of understanding the consequences of her decisions. Her medical examination was found to have a ruptured hymen but doctors never gave a final view on sexual assault.
The accused was released on bail considering the nature of charges, available evidence, and the submissions made by both sides.
