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Judge Sanjay Kumar Singh, while allowing the bond to Nisqual Chandak, commented that even if the women’s accusations were accepted as true, he could still conclude that he was also responsible for the incident.
The court seemed to change part of the survivor, observing that he had voluntarily consumed alcohol at the bar.
In a decision that probably triggers a new wave of indignation due to judicial inensibility in cases of sexual assault, the Superior Court of Allahabad has granted bond to a man accused of rape while observing that the victim had an adult and educated.
Judge Sanjay Kumar Singh, while allowing the bond to Nisqual Chandak, commented that even if the women’s accusations were accepted as true, he could still conclude that he was also responsible for the incident.
The judge caught the attention that she was a postgraduate student, which, in the opinion of the Court, meant that it was “competent enough to understand the morality and importance of their act.”
The woman had housed a FIR on September 23, 2024, claiming that Chandak raped her two days before after she pointed out in a bar and was a relative’s floor tasks. She declared that she was too intoxicated to resist and had continued with him believing that they headed home so she could rest. Instead, Hey raped her twice.
However, the court seemed to change part of the survivor, observing that he had voluntarily consumed alcohol at the bar and stayed there until 3 in the morning, and that he chose the battery after. “She has invited problems and was also an answer for the same,” the court said in a controversial observation.
Although he acknowledged that the victim’s hymen was found for a medical examination of a torn duration, the court said it had not been a conclusive opinion regarding sexual assault by the doctor. Citing this, together with the claim of the applicant of a consensual meeting and his lack of criminal record, the court concluded that a “case was made for bond.”
The State opposed the bail application, but did not play the basic factual sequence narrated by the defense, including the visit of the survivor to the bar and the subsequent events.
