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Allahabad HC Blames Survivor, Grants Bail to Accused in Rape Case

April 10, 2025, 2:03 pm

In a decision that’s coming under fire for what’s being called judicial indifference to sexual assault cases, the Allahabad High Court released on bail a man who was charged with rape, noting that the complainant, an educated adult, had ‘invited trouble’ upon herself.

The order, which was given by Justice Sanjay Kumar Singh, granted bail to Nischal Chandak, the accused man. In passing the verdict, the court observed that even if the woman’s account was accepted at face value, it would then imply that she was responsible for the occurrence. “She herself invited trouble and was also responsible for the same,” the court observed.

The woman, a postgraduate student, had registered an FIR on September 23, 2024, claiming that Chandak raped her after she got drunk at a bar and was taken to a relative’s apartment. She claimed that she believed that they were going to his house so that she could sleep, but instead he allegedly raped her twice.

In spite of the gravity of the accusations, the court emphasized her level of education and social consciousness, declaring that she was ‘competent enough to know the morality and the importance of her act’.

The judge further referred to her movements that evening, such as her own consumption of alcohol willingly and staying at the bar until 3 AM before deciding to follow the accused. These, as claimed by the court, led to the incident.

The medical examination did verify the survivor’s hymen was ruptured, but the doctor could not provide a positive opinion as to whether sexual assault had occurred. Based on this, and the accused’s contention that the affair was consensual and his impeccable criminal record, the judge deemed it a ‘fit case for bail’.

While the prosecution had resisted the bail application, the state had not disagreed with the overall time sequence of events placed before it by the defence, such as the woman’s presence at the bar and her choice to accompany the accused.

SC Halts Allahabad HC’s ‘Grabbing Breasts Not Rape’ Ruling, Calls it Insensitive

March 26, 2025, 2:59 pm

The Supreme Court on Wednesday stayed the Allahabad High Court’s objectionable order, which declared that actions like fondling breasts or snapping the pyjama string are not an attempt at rape. The top court clarified that the prosecution has to prove that the accused crossed the boundary of mere preparation in order to uphold the charge of attempted rape.

The Supreme Court went suo motu cognizance into the issue after ‘We the Women of India,’ a body, appealed against the Allahabad High Court’s March 17 order. A bench comprising Justices BR Gavai and Augustine George Masih rebuked the judgment, terming it a “lack of sensitivity” on the part of the high court judge.

SC’s Strong Response

Expressing concern at the judgment, the Supreme Court observed, “We are pains to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered 4 months after reserving the same. Therefore, there was an exercise of mind. The bench added, “We are generally reluctant to grant stay at this juncture. But as observations in para 21, 24, and 26 is not known to cannons of law and reflects inhuman approach. We stay the observations in said paras.”

The Supreme Court also sought the replies of the Centre and the government of Uttar Pradesh while seeking the help of Solicitor General Tushar Mehta and Attorney General R Venkataramani.

Details of the High Court Ruling

Allahabad High Court’s provocative judgment was delivered by Justice Ram Manohar Narayan Mishra while giving relief to the accused in a criminal revision petition. The court held that the accused be tried under Section 354-B of the IPC (assault or criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault), rather than attempted rape.

The incident happened on November 10, 2021, when the accused had promised to drop an 11-year-old girl home on their motorcycle after winning her father’s trust. During the journey, they reportedly stopped, raped the victim, touched her breasts, and one of them cut the string of her pyjama while trying to pull her under a culvert in Uttar Pradesh’s Kasganj. The accused left the spot when people passing by intervened.

The high court reasoned its decision by citing, “The allegations made against the accused, Pawan and Akash, and facts of the case barely make up an offence of attempt to rape in the case.”. In order to bring out a charge of attempt to rape, the prosecution must prove that it had passed beyond the stage of preparation. The court also added that the accused did not make further steps required to establish an intention to commit rape and that witnesses had not indicated that the victim was left naked or undressed.

The Supreme Court’s order to suspend the ruling indicates a strong position on the matter, with sensitivity in sexual assault and attempted rape cases.

Allahabad HC: Grabbing Breasts, Breaking Pyjama String Not Rape Attempt

March 20, 2025, 1:23 pm

The Allahabad High Court held that grabbing the breast of a woman, snapping the pyjama string of the woman, and trying to take her under the culvert cannot be regarded as an attempt to commit rape.

While on trial, Justice Ram Manohar Narayan Mishra distinguished between ‘preparation’ and an ‘actual attempt’ of committing rape. This judgment altered the charges against two men, Pawan and Akash, who had been charged with raping an 11-year-old child. The duo had been charged under Section 376 (Rape) of the IPC and Section 18 of the POCSO Act after one of them allegedly attempted to take the girl under a culvert after snapping her pyjama string. But the victim was saved by passersby, and the accused ran away.

The trial court had held that the act constituted an attempt to rape, which fell under the provisions of Section 376 of the IPC and Section 18 of the POCSO Act. The accused challenged this ruling and went to the Allahabad High Court. Justice Mishra remarked, “The facts and allegations made against accused Pawan and Akash hardly make out an offence of attempt to rape in the case.” He continued that for the charge of attempt to commit rape, the prosecution is required to establish that the actions amounted to more than preparation. The dividing line between preparation and an attempt is marked by a higher level of determination to commit the offence.

The court later modified the charges, reducing them to the lower charge of Section 354-B of the IPC (assault or criminal force with intent to strip) and Sections 9/10 of the POCSO Act (aggravated sexual assault). “It is also not mentioned by witnesses that because of this act of the accused, the victim got naked or got undressed. There is no charge that the accused attempted to commit penetrative sexual assault on the victim,” the judge observed.

The court held that the circumstances of the case did not warrant the charges of attempt to rape.

Allahabad HC Grants Bail to Rape Accused, Suggests Marriage with Survivor

March 6, 2025, 2:51 pm

The Allahabad High Court has ordered the release on bail of a 26-year-old man charged with rape, exploitation, and circulating intimate photos of the survivor on social media. The man was released on bail on condition that he weds the 23-year-old survivor within three months of being released from prison and does not interfere with evidence, The Times of India stated.

Rendering the verdict on February 20, Justice Krishan Pahal remarked, “A person’s right to life and liberty, guaranteed under Article 21 of the Constitution, cannot be taken away simply because the person is charged with having committed an offence until the guilt is established beyond reasonable doubt.”

Background of the Case

The accused, a local resident of Rajasthan’s Sikar district, was a fellow participant in police recruitment coaching classes with the survivor. In May 2024, the survivor’s family registered a police complaint stating that he had sexually assaulted the survivor repeatedly after February.

A First Information Report (FIR) was lodged under IPC Section 376 (rape), Section 506 (criminal intimidation), and the IT Act. The accused was arrested on September 21 and taken into custody. His bail application was initially turned down by Agra Sessions Court Judge Vivek Sangal on October 3, 2024, and hence he went to the high court.

Accusations Against the Accused

During the hearing, the prosecution accused the accused of:

Forced the victim into a physical relationship by luring her to get a job in the UP Police on a false promise.
Repeatedly raped her.
Bilked ₹9 lakh through extortion by threatening to upload their sex videos online.

Defence Assures Obedience of Court Orders

Defence attorney Neeraj Pathak stated, “The conditions laid down by the court will be adhered to by my client. The woman will be notified and complete compliance with court directives will be ensured.”

Similar Cases in the Past

This is not the first instance of the Allahabad High Court allowing bail on condition of marriage.

In October 2023, the court allowed a man accused of raping a minor on bail after he promised the court he would marry the survivor and accept responsibility for her newborn baby.
The accused had supposedly gotten the 15-year-old pregnant under the false promise of marriage but refused to marry her later.
The court directed him to marry the survivor, support the child, and deposit ₹2 lakh in a fixed deposit for the future of the child within six months of release.

The case has raised questions on the legal and ethical aspects of resorting to marriage as a solution in sexual assault cases.

Allahabad HC: Religious Freedom Does Not Include Collective Right to Convert Others

August 13, 2024, 2:21 pm

The Allahabad High Court, on Tuesday, ruled that religious freedom does not encompass the collective right to convert others, as it denied the bail plea of an individual accused of forcibly converting a girl to Islam and sexually exploiting her.

The court stated that the Uttar Pradesh Prohibition of Unlaful Conversion of Religion Act, 2021, is intended to guarantee religious freedom to all individuals, reflecting India’s social harmony. The purpose of this Act is to uphold the spirit of secularism in India.

The bench of Justice Rohit Ranjan Agarwal further noted that the Constitution grants every individual the right to profess, practice, and propagate their religion. However, this personal right does not translate into a collective right to convert others, as religious freedom is equally available to both the person converting and the person being converted. The High Court made this observation while denying bail to a person named Azeem.

The petitioner, Azeem, is accused of forcing a girl to accept Islam and sexually exploiting her, leading to a case being registered under Sections 323, 504, 506 of the IPC and Sections 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The applicant-accused filed a petition in the High Court, claiming that he was falsely implicated. He asserted that the girl, who was in a relationship with him, had voluntarily left her home.

He also claimed that the girl had already confirmed their marriage in statements recorded under Sections 161 and 164 of the CrPC in the related case.
On the other hand, the government lawyer opposed his bail under Section 164 of the CrPC, which mentioned pressure to convert to Islam and described a marriage that took place without conversion.

In light of these facts, the court noted that the informant had clearly stated in her statement under Section 164 of the CrPC that the petitioner and his family members were forcing her to accept Islam. She was also compelled to witness the sacrifice of animals on the day of Bakrid and to prepare and consume non-vegetarian food.
The court further stated that the applicant allegedly held her captive and that his family members forced her to perform certain Islamic rituals that she did not accept.

Further, the court found that in her statement recorded under Section 164 of the CrPC, she had maintained the version of the FIR. Importantly, the court also noted that the petitioner had failed to present any material evidence on record to show that before the marriage/nikah, an application was filed under Section 8 of the 2021 Act to convert the informant to Islam, as alleged between him and the informant.

After considering the facts and circumstances, the court dismissed the petitioner’s bail application, stating that there was a prima facie violation of Sections 3 and 8 of the 2021 Act, which is punishable under Section 5 of the same Act.

Allahabad HC Allows Krishna Janmabhoomi-Shahi Eidgah Suits To Proceed

August 1, 2024, 3:18 pm

The Allahabad High Court has dismissed a plea from the Muslim side challenging the lawsuits in the Krishna Janmabhoomi-Shahi Eidgah dispute in Mathura. The court’s decision, made by Justice Mayank Kumar Jain, allows the lawsuits to proceed.

The Hindu side’s lawyer, Vishnu Shankar Jain, welcomed the ruling, stating they are prepared for further action if the Muslim side appeals to the Supreme Court. He noted that the court rejected the Muslim side’s argument that the lawsuits should be barred by the Places of Worship Act, 1991. The next hearing is scheduled for August 12.

The lawsuits filed by the Hindu side seek the removal of the Shahi Eidgah mosque, which is located next to the Krishna Janmabhoomi temple. They claim that the mosque, built during the Mughal era, was constructed after demolishing the temple.

The mosque’s management and the UP Sunni Central Waqf Board had argued that the lawsuits were invalid under the Places of Worship Act, which prohibits changing the status of religious places as they were on August 15, 1947.

The Hindu side’s suits also request possession of the Shahi Eidgah mosque’s land, which is part of a 13.37-acre complex shared with the Katra Keshav Dev temple. The court will continue hearing the case on August 12.

Allahabad HC Demands ASI Reply Over Agra’s Jama Masjid Survey

July 5, 2024, 7:23 pm

Allahabad High Court demands ASI (Archaeological Survey of India)’s response to the suit, who seeks Jama Masjid survey in Agra.

Further, the petitioner also demands appointment of advocate commissioner to supervise the process.

According to Plaintiff, the mosque contains the idol of Thakur Keshav Dev from Sri Krishna Janmbhoomi.

Earlier on Thursday, Justice Mayank Kumar Jain issued an order, which directed that the case of Krishna Janmabhoomi-Shahi Idgah should be registered in the name of the deity-Thakur Keshav Dev Ji, Maharaj Virajman Mandir Katra Keshav Dev.

Later, the court also expressed the need for SIT report and an archaeological survey. Thus, demanding defendant’s response by next hearing date.

Meanwhile, the Shahi Idgah Management Committee had filed impleadment application, asking the court to add them as defendant in the suit.

Currently, the court has announced the next hearing on this case on August 5.

Allahabad High Court: No Real Use In Relegating Cases Of Undisputed Facts To Forum Of Alternate Remedy| GST

December 28, 2023, 6:46 am

The Allahabad High Court in the case Hindustan Paper Machinery Industries v. Commissioner Cgst And 2 Others observed and has held that tax cases where the facts are undisputed and there are issues of jurisdiction and the violation of principles of natural justice s involved, it may not be relegated to the Authorities.

The court in the case observed and has held that the cases where the minimum statutory compliances have been made are generally relegated to the forum of alternate remedy.
The bench comprising of Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad in the case observed and has held that relegating the petitioner to the forum of alternative remedy in face of undisputed facts noted above may be of no real use or purpose. Thus, the writ court regularly relegates petitioners specifically in tax matters, to the forum of the statutory remedy of appeal where minimum compliances of law have been made.

However, the writ Court is equally inclined to offer interference to ensure due adherence to the rule of law both by the assessee as also the revenue authority wherein the lack of jurisdiction or violation of principle of natural justice.
In the present case, the court issued the show cause notice to the petitioner for cancellation of GST registration on grounds of wrongful availment or utilization of input tax credit or refund of tax. The petitioner responded by stating that a survey had been conducted by the DGGI, Delhi and its case is under investigation and the said matter has not been finalized by the DGGI, Delhi.

Further, it was stated before the court that the writ plea moved before the High Court and since the matter was sub judice, petitioner requested that the suspension be kept in abeyance.
Therefore, the GST Authority in the case cancelled the registration of the petitioner with retrospective effect from the date of the show cause notice. The court in the case observed that the order of cancellation of GST registration was wholly non-speaking as no violation of statutory requirement was stated in the order. The court stated that the authority failed mention the details of the tax invoices, period for which ITC was wrongly availed and other details.

It has been held by the court that until and unless the show-cause notice had made any fact allegation against the petitioner, the vagueness of the reply may remain inconsequential. The court observed that the cancellation of registration has serious impact on a business entity and it has the effect of closure of business as, no tax invoice may be issued, and no return may easily be filed if the registration is cancelled.

The court while considering the facts and circumstances of the case observed and has directed that suspension of registration of the petitioner may remain in force for a period of one month during which the Respondent authority may issue a fresh show cause notice for cancellation of registrar.

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Accordingly, the court disposed of the writ plea.

Allahabad High Court: Stricker Approach To Be Followed Before Giving Benefit Exemptions And Deductions| UPVAT Rules

December 26, 2023, 4:48 am

The Allahabad High Court in the case the Commissioner, Commercial Tax U.P. v. S/S Sanya Construction and Developers Pvt. Ltd observed and has held that though in case of doubt, the taxing statues are to be interpreted in favour of the assesee.
The Court in the case stated that a stricter approach needs to be followed before giving the benefit of exemptions and the deductions.

The bench headed by Justice Shekhar B. Saraf in the case observed and has stated that the general rue of law in taxing statutes is that in case of any doubt the benefit should be given to the assessee. Thus, in cases of exemption and the deduction to be given, the stricter approach may be followed, as per the judgement of the Supreme Court in order to examine whether the assessee is being eligible for such kind of benefit.
In the said case, the department filed the revision plea challenging the decision of the Commercial Tax Tribunal wherein the turnover of the assesee was reduced as per Rule 9 of the Value Added Tax Rules on grounds that the cement imported from outside the State of Uttar Pradesh.

It has been argued by the counsel appearing for the department before the court that the assessee failed to prove that good were imported and the specific execution of work contract. Therefore, the benefits stated under Rule 9(1)(e) of the U.P. Value Added Tax Rules, 2008, the same will not be applicable to the assessee.
Further, the court stated that the distinction was drawn from the decision of the Allahabad High Court in the case M/s Comfort Systems Vs. Commissioner Commercial Tax, U.P. as in that case there was no dispute that the goods have been imported from outside the State of UP for utilization in the works contract.

On the other hand, the counsel appearing for the assessee submitted before the court that the ratio of M/s Comfort Systems is applicable to the present case, wherein the court held that the Tribunal comes to a specific finding that goods were brought in to the State for the purpose of carrying out pre-existing works contract and the goods are actually coming from outside the State, the benefit of deduction contemplated under Rule 9(1)(e) of the Rules would be available to the assessee.

The court in the case observed that the Tribunal had specifically noted that the goods were being imported from outside the State of UP and were being used in project carried out within the State.
The court stated that there was no perversity in the above fact as stated under Rule 9(1)(e) of the VAT Rules will be applicable.

The court while considering the facts and circumstances of the case stated that even though in case of doubt tax statutes are to be read in favour of the assesee, thus, for granting benefit of exemptions and deductions, stricter approach needs to be followed.
Accordingly, the court dismissed the revision pleas, since the fact that goods were transported from outside the State was undisputed.
The counsel, Advocate Bipin Kumar Pandey appeared for the revisionist.
The counsel, Advocate Shubham Agrawal represented the Opposite party.

UP Deputy CM Hails High Court’s Green Light for Gyanvapi Mosque ASI Survey

August 3, 2023, 1:44 pm

Uttar Pradesh’s Deputy Chief Minister, Keshav Prasad Maurya, warmly embraced the Allahabad High Court’s decision permitting the Archaeological Survey of India (ASI) to investigate the Gyanvapi Mosque area. He expressed his optimism that the ASI’s examination will shed light on the truth, resolving the Gyanvapi case much like the Ramjanambhoomi dispute. This decision dismissed the Anjuman Intezamia Masjid Committee’s plea against the ASI survey of the mosque complex near the Kashi Vishwanath temple in Varanasi.

Senior advocate Harishankar Jain supported the verdict, saying that the ASI’s fact-finding mission will unravel the truth. He firmly believes in the existence of a hidden ‘shivling’ under the mosque’s main dome and predicts the site’s future transformation into a grand temple.

In contrast, Maulana Khalid Rasheed Farangi Mahali of the All India Muslim Personal Law Board (AIMPLB) urged that the Places of Worship Act be applied to all worship sites in the nation. He voiced hopes for justice, reminding that the mosque has been a site of worship for Muslims for six centuries. On the Hindu side, petitioner Rekha Pathak celebrated this verdict as a triumph for the Hindu community and eagerly anticipates the survey’s truth-revealing outcome.

Following the verdict, Varanasi’s District Magistrate, S Rajalingam, pledged administrative support for the ASI’s survey. The Supreme Court earlier ruled that the survey could proceed after 5 pm on July 26, providing the Muslim side with a window to approach the Allahabad High Court. Senior advocate Huzefa Ahmadi had previously requested a halt to the ASI survey, pointing to the Supreme Court’s stay on the carbon dating of a structure identified as a ‘shivling’ by the Hindu faction.

Allahabad HC permits ASI to conduct survey of Gyanvapi mosque complex in Varanasi

August 3, 2023, 10:38 am

The Varanasi Gyanvapi mosque complex is being surveyed by the Archaeological Survey of India, thanks to permission from the Allahabad High Court on Thursday.

“Allahabad High Court has said that ASI survey of Gyanvapi mosque complex will start. Sessions court order is upheld by the High Court,” Vishnu Shankar Jain, representing the Hindu side in Gyanvapi survey case told reporters. The Allahabad High Court dismissed Anjuman Intezamia Masjid Committee’s plea, challenging the Archaeological Survey of India (ASI) survey of the mosque complex, adjacent to Kashi Vishwanath temple in Varanasi.

The Anjuman Intezamia Masjid Committee had challenged the Varanasi District Judge’s July 21 order.
On July 21, Varanasi district judge AK Vishvesha ordered the ASI survey of the Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.
The order of the district judge, however, excluded the Wuzu Khana (ablution pond area) of the complex, which has been sealed on the order of the top court.
Earlier the Allahabad High Court asked the Archaeological Survey of India (ASI) to not start the survey of Gyanvapi mosque in Varanasi as the hearing on the matter is underway after Supreme Court put on hold till 5 pm July 26 a detailed scientific survey by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple.

The district court ruling ordering the ASI to undertake the contentious survey was being challenged in court.
On July 24, the Supreme Court accidentally dismissed an appeal from the committee contesting the maintainability of a lawsuit filed by Hindus in the trial court demanding the right to worship within the mosque. The Supreme Court later addressed this error in its ruling relating to the Gyanvapi mosque issue.

On July 24, the top court decided the main case while also granted relief on the interim plea by postponing the ASI survey.
The mosque committee had petitioned the supreme court for a stay on ASI work in the ongoing case with its interim appeal.

Allahabad HC urges Centre to prohibit cow slaughter countrywide

March 5, 2023, 5:38 pm

A Lucknow bench of the Allahabad High Court has urged the Centre to pass a law to declare the cow a ‘protected national animal’ and also make a law to completely ban cow slaughter all over the country.

The Allahabad High Court has expressed that the Center will take appropriate steps and ban the killing of cows.

Justice Shamim Ahmad said on 14 February that “‘we are living in a secular country and it is our duty to respect all religions. There is a belief in Hinduism that the cow is a sacred animal”. He rejected a plea in which it was mentioned that criminal actions against a person were quashable under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.

The petitioner, Mohammad Abdul Khaliq, appealed that he was booked by police without any proof and that the proceedings against him are currently pending in the court of an additional chief judicial magistrate.

In quashing the petition, the bench held that, from the facts on record, a prima facie case was made out against the petitioner.

“The cow has also been identified with other deities, particularly Lord Shiva (whose steed is Nandi, a bull), Lord Indra (closely affiliated with Kamadhenu), Lord Krishna (a cowherd in his childhood), and goddesses in general,” the court said as she handed down the ruling.

The court also noted that, according to legend, cows appeared from the ocean of milk during Samudramanthan, or the great churning of the ocean by gods and demons. The cow was then presented to the seven sages before eventually coming under the care of Vasishta, a sage.

The judge said that a cow’s four legs represent the four Vedas, and that her milk has four colours, “Purushartha” (or human objectives) — “dharma” or righteousness, “artha” or material wealth, “kama” or desire, and “moksha” or salvation.

“Her horns symbolise the gods; her face, the sun and moon, and her shoulders, “Agni” (the god of fire). The cow has also been described in other forms: Nanda, Sunanda, Surabhi, Susheela, and Sumana,” Justice Ahmad said.