Allahabad HC Grants Bail To Rape Accused, Cites Misuse Of Criminal Law

Allahabad High Court

The Allahabad High Court has granted bail to a 42-year-old married man accused of rape, observing that personal disputes and emotional fallout from failed relationships are increasingly being misrepresented as criminal acts.

Justice Krishan Pahal, in his order, emphasized that the legal system is witnessing a worrying trend where “personal fallouts and emotional discord are being given a criminal colour”, particularly after intimate relationships break down.

Case Details

The accused, who is married, was arrested based on a complaint filed by a 25-year-old woman. She alleged that he raped her, recorded the act to blackmail her, and later abandoned her despite promising marriage. She further described the man as a “Casanova,” claiming he had married three times and used his financial status to lure women.

The defense denied claims of multiple marriages and argued that the complainant had willingly continued the relationship despite being aware of his marital status. They characterized the fallout as a private matter rather than a criminal issue.

Court’s Observations

Justice Pahal noted that the relationship appeared to be consensual, and the complainant had knowledge of the accused’s existing marriage. He highlighted that “not all socially or ethically questionable actions warrant legal intervention”, indicating that legal machinery should not be invoked in every case of emotional betrayal or moral disagreement.

“This case seems to be more about the emotional aftermath of a breakup than an instance of criminal wrongdoing,” the judge remarked.

Context & Controversy

This decision comes amid a growing debate over the judiciary’s approach to sexual assault cases. The Allahabad High Court has recently come under scrutiny for a string of controversial rulings. In one instance, the court was criticised for suggesting a rape victim had “invited trouble.” In another, it ruled that certain physical contact with a minor did not amount to attempted rape—an order later stayed by the Supreme Court.

The latest ruling adds to the discourse on how courts interpret consent, relationship dynamics, and the threshold for criminal liability in cases involving intimate partners.

The bail granted to the accused does not imply acquittal; the trial will proceed as per due process.

Allahabad High Court Order Copy