“Victim Invited Trouble, Responsible”: Allahabad HC Grants Bail to Accused in College Student Rape Case, Sparks Outrage

In a deeply concerning and controversial order, the Allahabad High Court has granted bail to an accused in a case of allegedly raping a college student. The court’s reasoning has triggered widespread outrage among legal experts, women’s rights activists, and the general public, who view it as insensitive, victim-blaming, and a setback for justice in sexual assault cases.

According to the victim’s account, she and three female friends voluntarily visited a bar in Delhi, where they consumed alcohol. Becoming heavily intoxicated, she remained at the establishment until approximately 3:00 AM. During this time, she met the accused, who persistently urged her to accompany him to his residence. In need of assistance due to her inebriated state, she agreed. However, instead of taking her to his home in Noida as anticipated, the accused transported her to a relative’s apartment in Gurgaon, where the alleged rape occurred.

In his bail application, the accused contended that, even if the allegations were accepted as true, the encounter was consensual rather than coercive. He emphasized his lack of prior criminal history and assured the court of his commitment not to misuse bail privileges and to cooperate fully with the judicial process.

According to the report, the High Court, while considering the bail application of the accused, made disturbing observations about the victim’s conduct leading up to the alleged rape. The court seemingly suggested that the victim’s actions contributed to the incident, thus factoring this “irresponsibility” into its decision to grant bail.
The granting of bail itself, while a judicial prerogative based on various factors like the likelihood of the accused absconding or tampering with evidence, becomes particularly contentious when coupled with such problematic justifications. Critics argue that the court’s rationale sends a dangerous message that could discourage victims from reporting sexual assault and embolden perpetrators.

The granting of bail itself, while a judicial prerogative based on various factors like the likelihood of the accused absconding or tampering with evidence, becomes particularly contentious when coupled with such problematic justifications. Critics argue that the court’s rationale sends a dangerous message that could discourage victims from reporting sexual assault and embolden perpetrators.

The Allahabad High Court’s reported statement,

“This Court is of the view that 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. Similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault.”

This case is likely to face further scrutiny and potential challenges, given the gravity of the allegations and the controversial grounds on which bail was reportedly granted. It raises serious questions about judicial sensitivity in cases of sexual violence and the need for a more victim-centric approach within the legal system.