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The Allahabad High Court has once again sparked nationwide outrage after Justice Sanjay Kumar Singh granted bail to a rape accused, observing that the alleged victim “invited trouble herself and was responsible for the alleged act.” The ruling comes just weeks after a separate judge from the same court stirred controversy by downplaying sexual assault in a similar bail order.
According to a report by Live Law, the survivor stated that she had visited a Delhi bar with friends, consumed alcohol, and stayed out until 3 am. The accused allegedly persuaded her to accompany him to his home due to her inebriated condition. However, instead of taking her to his house in Noida, he reportedly drove her to a relative’s flat in Gurgaon where she alleges she was raped twice.
Court’s observation
The court observed, “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.” It further pointed to her status as a postgraduate student, implying that she was fully aware of her actions.
Justice Singh noted the findings of the medical examination, which revealed a torn hymen but included no explicit opinion from the doctor regarding sexual assault. “Considering the facts and circumstances of the case, as well as the nature of the offence and submissions made by both parties, I am of the view that the applicant has made out a case for bail,” the order read.
The accused had been in custody since December 2024 and had no prior criminal record. His counsel argued that even if the survivor’s statements were accepted at face value, the incident appeared to be a consensual encounter rather than rape.
The ruling has reignited debates about judicial sensitivity in handling sexual assault cases, especially with recent observations by the Allahabad High Court being widely criticized for victim-blaming narratives.
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