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

The Allahabad High Court has released a 42-year-old man on bail who was accused of rape, noting that personal fallouts are increasingly being criminalized through misuse of penal laws. Justice Krishan Pahal, who issued the order on April 9, observed that "personal fallouts and emotional discord are being given a criminal colour" particularly after intimate relationships end.

According to court documents, the accused, a married man, was arrested following allegations by a 25-year-old woman who claimed he raped her, recorded the act for blackmail purposes, and abandoned her after promising marriage. She further described him as a "Casanova" who allegedly married three times previously and used his wealth to manipulate women into relationships.

The defense countered these claims, arguing that the complainant knowingly maintained a relationship with the man despite awareness of his marital status, though they denied the claims about previous marriages.

In his ruling, Justice Pahal characterized the case as stemming from "emotional aftermath after a breakup" rather than criminal wrongdoing, noting that the relationship appeared consensual and the complainant was aware of the man's marital status. The judge further stated that "not all socially or ethically questionable actions warrant legal intervention."

This ruling adds to a series of controversial decisions from the Allahabad High Court regarding sexual assault cases. The court recently faced criticism for statements suggesting a rape victim "invited trouble" and for a separate ruling claiming that certain physical contact with a minor did not constitute attempted rape—a decision subsequently paused by the Supreme Court.