Introduction:

In a recent judgment, the Allahabad High Court granted bail to a man accused of raping a college student, observing that the victim had “herself invited trouble” and was “responsible” for the incident. Justice Sanjay Kumar Singh presided over the bail application, scrutinizing the circumstances leading to the alleged crime.

Background of the Case:

The case revolves around an incident where the victim, a postgraduate student, alleged that she was raped twice by the accused in his relative’s apartment. According to her statement, she met the accused at a bar where she consumed alcohol with friends. Feeling heavily intoxicated, she accepted the accused’s offer to rest at his place. Instead of taking her to his residence in Noida, the accused allegedly took her to a relative’s flat in Gurgaon, where the assault occurred.

Arguments Presented:

For the Accused:

• The defense counsel argued that the relationship between the parties was consensual.
• It was highlighted that the accused had no prior criminal history and had been in custody since December 2024.
• The defense assured the court that the accused would not misuse bail and would cooperate with the judicial process.

For the Prosecution:

• The Additional Government Advocate opposed the bail application, emphasizing the seriousness of the allegations.
• The prosecution underscored the victim’s account, which detailed the sequence of events leading to the alleged rape.

Court’s Observations and Judgment:

Justice Sanjay Kumar Singh, after evaluating the arguments and evidence, made several critical observations:

• The court noted that the victim, being an MA student, was mature enough to understand the implications of her actions.
• It was observed that by choosing to consume alcohol and accompany the accused to an unfamiliar location, the victim had placed herself in a vulnerable position.
• The medical examination revealed a torn hymen, but the doctor did not provide a conclusive opinion regarding sexual assault.

Based on these considerations, the court granted bail to the accused, stating that he had made a sufficient case for relief.