Shreya Gupta
On March 11, 2025, the Allahabad High Court granted bail to a rape accused in the case of Nischal Chandak v. State of UP, while saying that that the woman invited trouble for herself, and she was responsible for the incident.
Justice Sanjay Kumar Singh, who presided over the case, stated that even if the allegations made by the woman were accepted as true, it could still be concluded that she had contributed to the situation. The Court further noted that the woman had taken a similar stance in her own statements. During her medical examination, it was found that her hymen was torn, although the doctor refrained from giving any opinion regarding the occurrence of sexual assault.
The incident reportedly took place in September 2024, when the woman, a student at a well-known Noida-based university, visited a bar in Delhi’s Hauz Khas area along with three female friends. There, she met some male acquaintances, including the accused. In her police complaint, she stated that after consuming alcohol, she felt intoxicated and noticed that the accused was getting increasingly close to her. They remained at the bar until 3 AM, and she claimed that due to his persistent requests, she eventually agreed to accompany him to his house to rest.
However, instead of taking her to his house in Noida, the accused allegedly took her to a relative’s flat in Gurgaon, where he raped her. The woman subsequently approached the police, and an FIR was registered at a Noida police station, leading to the arrest of the accused on December 11, 2024.
In his bail plea, the accused denied the allegations of rape, asserting that the woman had voluntarily agreed to go with him as she needed support, and that the incident was a case of consensual sex.
The Court, in its observations, noted that the woman was a postgraduate student and, therefore, mature enough to understand the moral implications and significance of her actions as described in her complaint. Ultimately, considering the nature of the offence, available evidence, and arguments presented by both parties, the Court held that a fit case for bail had been made out and accordingly allowed the bail application.
Case Title: Nischal Chandak v. State of UP
Case Number: Criminal Misc. Bail Application No. – 1971 of 2025
Bench: Justice Sanjay Kumar Singh
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