Allahabad HC grants bail to accused in alleged rape case, says complainant "invited trouble"
Prayagraj: The Allahabad High Court has granted bail to a man accused of raping a woman he met at a bar in Delhi, while controversially remarking that the victim "invited trouble" and was "responsible" for the incident.
Justice Sanjay Kumar Singh made these observations while hearing the bail application of Nischal Chandak, who was arrested in December 2024 in connection with an alleged rape reported in Noida.
The incident dates back to September 2024. The complainant, a postgraduate student from a reputed Noida-based university, had visited a bar in Hauz Khas, Delhi, with her friends. According to her police complaint, she consumed alcohol and became intoxicated. She alleged that the accused insisted she accompany him to his house to rest, but instead took her to a relative’s flat in Gurgaon, where he raped her.
The accused denied the charges, claiming that the woman voluntarily agreed to accompany him and that their encounter was consensual.
While granting bail, Justice Singh stated: “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 also noted that her medical report showed a torn hymen but did not offer a definitive opinion on sexual assault.
Highlighting the woman’s educational background, the Court observed: “She is a postgraduate student and was thus competent enough to understand the morality and significance of her act.”
Based on the evidence, nature of the offence, and arguments presented, the Court deemed the case fit for bail and allowed the application.
Senior Advocate Vinay Saran, along with Advocate Balbir Singh, represented the accused in the matter.
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Bhojshala case: Disputed structure built from remains of pre-existing temples, claims ASI
Indore (PTI): The ASI has told the Madhya Pradesh High Court that a massive structure dating back to the Paramara kings' rule existed at the disputed Bhojshala temple-Kamal Maula mosque complex, and the current structure was built from the remains of temples.
The Archaeological Survey of India (ASI) made the claim on Tuesday based on its 98-day scientific survey and over 2,000-page report.
The Hindu community considers Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side claims the monument as the Kamal Maula Mosque. The disputed complex is protected by the ASI.
During the hearing before Justices Vijay Kumar Shukla and Alok Awasthi of the HC's Indore bench, Additional Solicitor General Sunil Kumar Jain, representing the ASI, presented a detailed account of the scientific survey conducted two years ago at the complex.
Referring to the ASI's survey report, he said, "Retrieved architectural remains, sculptural fragments, large slabs of inscriptions with literary texts, Nagakarnika inscriptions on pillars, etc, suggest that a large structure associated with literary and educational activities existed at the site. Based on scientific investigations and archaeological remains recovered during the investigations, this pre-existing structure can be dated to the Paramara period."
It can be said that the existing structure was made from the parts of earlier temples, based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, Jain said quoting the report.
Summarising the report, he also drew the court's attention to the fact that the archaeological study identifies that many architectural components, such as pillars and beams, were originally part of temple structures before being repurposed for a mosque.
"The evidence of this transition includes Sanskrit and Prakrit inscriptions that were damaged or hidden, alongside sculptures of deities and animals that were often mutilated or defaced," Jain contended.
The report also states that "all Sanskrit and Prakrit inscriptions are older than the Arabic and Persian inscriptions, indicating that users or engravers of the Sanskrit and Prakrit inscriptions occupied the place earlier".
In light of the Muslim side's earlier objections, the bench wanted to know why there were some discrepancies in the ASI's responses regarding the status of the disputed complex in the cases filed over the years.
The Additional Solicitor General argued that earlier studies of the complex involved only officials, while the current survey involved scientists and the use of advanced technologies such as Ground Penetrating Radar (GPR).
The hearing in the Bhojshala case will continue on Wednesday.
The high court has been regularly hearing four petitions and one writ appeal regarding the religious nature of the Bhojshala temple-Kamal Maula mosque complex since April 6.
