Prayagraj: The Allahabad High Court has granted bail to a man accused of rape, making observations that the complainant “herself invited trouble and was also responsible” for the alleged incident.
Bail Granted Under Section 483 of the Bharatiya Nyaya Sanhita: Allahabad HC in Focus
Justice Sanjay Kumar Singh delivered the order while hearing a bail application filed under Section 483 of the Bharatiya Nyaya Sanhita.
The court was hearing the case of Nischal Chandak, who was arrested in connection with Case Crime No. 226 of 2024, under Section 64 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sector-126, District Gautam Budh Nagar.
Rape Allegations Filed Under Section 64: Court Highlights Consent and Victim’s Role
The case arises from a First Information Report lodged on September 23, 2024, regarding an incident alleged to have taken place on September 21, 2024.
Counsel for the accused argued that the complainant, a major pursuing her M.A. degree, had voluntarily gone to ‘The Record Room Bar Restaurant’ with friends, consumed alcohol until she became “very intoxicated,” and stayed at the establishment until 3 a.m. The counsel also claimed that she had agreed to go to the applicant’s house to rest and denied allegations that the applicant took her to a relative’s flat and raped her twice.
The court noted, “Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the victim and applicant are both major. The victim is a student of M.A., hence she was competent enough to understand the morality and significance of her act as disclosed by her in the F.I.R.”
Additionally, in its observations, the court stated, “This Court is of the view that even if the allegation of the victim is accepted as true, 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.”
The court also referred to the medical evidence, noting, “In her medical examination, her hymen was found torn, but the doctor did not give any opinion about sexual assault.”
Based on these considerations, Justice Singh granted bail to the applicant with specific conditions, including cooperation with trial proceedings, regular court attendance, and refraining from tampering with evidence or witnesses.
The court emphasized that its observations were confined to the bail application and would not affect the merits of the trial.
Mr. Vinay Saran (Senior Advocate) and Mr. Balbir Singh appeared for the applicant, while the Additional Government Advocate represented the State of Uttar Pradesh.
Case Title: Nischal Chandak v. State of U.P.
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