The Allahabad high court has granted bail to a rape accused as the complainant “herself invited trouble” by agreeing to go to his house after consuming alcohol with friends.

The order, passed by justice Sanjay Kumar Singh, noted that being an MA student, the woman was “competent enough to understand the morality and significance of her act.”

While the incident dates back to September 21 last year, Justice Sanjay Kumar Singh of the Allahabad High Court pronounced the order on March 11.

“Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that victim and applicant both are major. Victim is a student of MA, hence she was competent enough to understand the morality and significance of her act as disclosed by her in the FIR. 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,” the court said

The victim, a master’s student, in her FIR, had stated that she had gone to a bar with her friends in last September where they all drank alcohol due to which she became intoxicated and needed support. In the police statement, she said that she had agreed to go to the house of the accused to rest.

She alleged, the accused touched her inappropriately on the way and instead of his house in Noida, he took her to his relative’s home in Gurgaon and raped her twice. She further alleged that the accused touched her inappropriately on the way.

The accused, in his bail application, argued that considering the facts of the case as disclosed by the victim, it is not a case of rape but may be a case of consensual relationship between the parties concerned. The accused’s counsel also said that his client has been languishing in jail since December 2024 and has no criminal history. Hence, if he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

“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,” the court noted while allowing bail to the accused.