The Allahabad High Court, in a bail order delivered by Justice Sanjay Kumar Singh, granted bail to Nischal Chandak, accused under Section 64 of the Bharatiya Nyaya Sanhita, 2023, in Case Crime No. 226 of 2024, registered at Police Station Sector-126, District Gautam Budh Nagar. While allowing the bail application, the Court observed that even if the allegations made by the victim were accepted as true, it could be concluded that she had “invited trouble and was also responsible for the same.”
Background of the Case
The first information report was lodged on 23.09.2024 by the prosecutrix, who alleged that an incident occurred on 21.09.2024 involving the applicant. The FIR was registered under Section 64 of the Bharatiya Nyaya Sanhita, 2023.
Submissions by the Applicant
Mr. Vinay Saran, learned Senior Advocate, assisted by Mr. Balbir Singh, appeared for the applicant. It was submitted that the victim was a major and resided in a PG hostel. She voluntarily went to ‘The Record Room Bar Restaurant’ with her friends, consumed alcohol, and remained there till 3 a.m. Thereafter, she agreed to go to the applicant’s residence to rest. The allegation that the applicant took her to his relative’s flat and raped her was denied, and it was argued that the relationship, if any, appeared consensual based on the victim’s own account.
It was further submitted that the applicant had no criminal history, was in custody since 11.12.2024, and undertook not to misuse the liberty of bail.
State’s Response
The learned Additional Government Advocate opposed the bail plea but did not dispute the factual submissions regarding the conduct of the victim and her account as recorded in the FIR.
Observations of the Court
After hearing both sides, the Court noted that both the applicant and the victim were majors and that the victim was a postgraduate student, competent to understand the consequences of her actions. The Court stated:
“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 further noted that a similar stand had been taken by the victim in her statement. In her medical examination, her hymen was found torn, but the doctor did not give any opinion regarding sexual assault.
Bail Granted with Conditions
Considering the nature of the offence, the evidence, and the submissions of the parties, the Court held that a fit case for bail was made out. The bail was granted subject to the following conditions:
- The applicant shall cooperate with the expeditious disposal of the trial and regularly attend the court unless unavoidable.
- The applicant shall not induce, threaten, or promise any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.
- The applicant shall not involve himself in any criminal activity after his release.
- The identity, status, and residential proof of the sureties shall be verified by the concerned court before releasing the applicant on bail.
The Court made it clear that these observations were limited to the consideration of the bail application and would not affect the merits of the trial.
Case Title: Nischal Chandak v. State of U.P.
Case No.: Criminal Misc. Bail Application No. 1971 of 2025
