The Supreme Court on Tuesday expressed concern over certain observations made by the Allahabad High Court while granting bail to a man accused of raping a college student.

The High Court had noted that the survivor had "invited trouble" and was "responsible" for the incident, prompting strong disapproval from the apex court.

The case involves a woman who alleged that the accused raped her twice at his relative's apartment. According to the survivor’s statement, she met the accused at a bar and agreed to accompany him to the apartment to rest, as she was heavily intoxicated and needed support.

Despite this, the High Court in its March 17, 2025 order observed:

“This Court is of the view that 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. The court further noted that although her medical examination found her hymen torn, the doctor did not conclusively opine on the occurrence of sexual assault. It also commented that as a postgraduate student, the complainant was “competent enough to understand the morality and significance of her act.”

Taking note of the High Court's remarks, a bench comprising Justices BR Gavai and AG Masih questioned the necessity of such commentary while deciding a bail plea. “Granting bail is one thing, but why make such remarks?” Justice Gavai asked, emphasizing the importance of judicial sensitivity and restraint in language.

Solicitor General Tushar Mehta echoed the sentiment, stating that justice must not only be done but also appear to have been done. He stressed the impact such observations can have on the public, especially on individuals unfamiliar with legal intricacies.

The observations came during proceedings related to another controversial bail order from the Allahabad High Court, where the court held that acts such as grabbing a minor girl’s breasts and attempting to drag her under a culvert did not amount to an attempt to rape. That matter was adjourned due to incomplete service.