The Allahabad High Court Justice Sanjay Kumar Singh has granted bail to a man accused of rape, saying that the victim invited trouble herself and was “responsible” for the alleged act committed against her, Live Law reported. The accused was arrested in December 2024 for allegedly raping a woman in Gurugram whom he had met at a bar in Delhi’s Hauz Khas.
“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. A similar stand has been taken by the victim in her statement,” the Allahabad High Court said.
The court further observed, “In her medical examination, her hymen was found torn, but the doctor did not give any opinion about the sexual assault.”
Justice Singh added that the woman, being an adult, was capable of understanding the “morality and significance of her act”, referring to her own account in the police complaint.
This has sparked massive backlash online, with many echoing: “Mercy to criminals is injustice to the innocent.”
What happened?
The complainant, a postgraduate student at a university in Noida, went to a bar in Delhi’s Hauz Khas in September 2024 with three female friends. There, she met the rape accused, who also happens to be her acquitance.
Since they were at a bar, the victim drank alcohol and became intoxicated. In her complaint to Noida Police, she said that they both were at the bar till 3 AM, during which the accused was constantly getting close to her. He then persuaded her to go back home with him, to his flat in Noida, to which she agreed, thinking she would get some “rest”.
However, the victim claims, he took her to one of his relatives’ houses in Gurugram, and kept on touching her inappropriately before raping her twice.
The victim then filed a complaint with the Noida Police, which they converted into a First Information Report (FIR). Following this, the police nabbed the accused on December 11.
In court, the accused denied raping her, stating that any sexual activity was consensual. He also denied taking her to his relative’s home. He claimed that since the woman was intoxicated and needed support, she willingly went with him.
While granting bail to the accused, the court said, “Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.”
Outrage on social media
The ruling has triggered intense backlash online, with many slamming the court for victim-blaming and setting a dangerous precedent.
“Absolutely shameful. Victim-blaming has no place in justice. This mindset sets us back decades,” expressed one social media user.
Another added, “I think the judge himself is inviting trouble and anyone doing anything to him is naturally bailable [Precedent].”
“Change the mindset or change the people sitting in such positions. I guess the latter is easier!” said another furious individual on X (formerly Twitter).
A fourth wrote, “How many more reasons do we need for urgent legal reforms? Judges with zero competence pass orders with impunity, fully aware that no one can do a damn thing about it.”
“There have to be some gender sensitivity programmes for these judges also,” said yet another Internet user.