The Allahabad High Court has drawn intense criticism and national outrage after granting bail to a man accused of raping a postgraduate student, citing that the survivor “invited trouble” and bore responsibility for the incident. The controversial order, issued by Justice Sanjay Kumar Singh, comes just days after another troubling verdict from the same court was stayed by the Supreme Court.
The accused was arrested in December 2024 following allegations that he raped the woman at a relative’s flat in Gurgaon after she accompanied him from a bar in Delhi’s Hauz Khas. The incident reportedly took place in September 2024.
High Court’s Controversial Observations
In the bail order, the court said: “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.”
Justice Singh further noted that while medical examination indicated a torn hymen, there was no conclusive opinion regarding sexual assault from the medical professional.
The court also emphasized the survivor’s educational background, calling her a “mature and competent postgraduate student” who was aware of the “morality and significance” of her actions.
What is the case?
According to the FIR filed by the woman, she had visited a bar with three friends and met some male acquaintances, including the accused. After consuming alcohol until 3 am, the accused allegedly persistently pressured her to go with him to his residence to “rest.”
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She claimed that during the journey, the man began inappropriately touching her and, instead of taking her to Noida as promised, drove her to Gurgaon, where the alleged rape took place.
The accused denied the allegations, stating in his bail plea that the survivor had willingly accompanied him and that the encounter was consensual.
Another Controversial Order Stayed by Supreme Court
This ruling has triggered further criticism, especially as it follows another controversial decision by the Allahabad High Court, in which a bench stated that groping a minor, breaking her pyjama string, and attempting to drag her did not constitute rape or attempted rape, but merely aggravated sexual assault.
That decision, involving two accused and a victim around 11 to 12 years old, was stayed by the Supreme Court, which took suo motu cognisance amid mounting public backlash.
Legal Experts and Women’s Rights Groups React
The latest ruling has reignited the debate on judicial sensitivity in sexual assault cases, with activists, legal experts, and women’s rights groups condemning the language used by the court and warning of its dangerous implications.
“This sets a chilling precedent. Victim-blaming at such a high level of judiciary can discourage survivors from coming forward,” said Ankita Verma, a lawyer and gender rights activist.
The National Commission for Women (NCW) is also expected to issue a statement and may move the Supreme Court seeking intervention.
