Supreme-Court-oF-India

SC holds special sitting on Holi, grants anticipatory bail to rape accused

Mahima

The Supreme Court granted anticipatory bail to the rape accused in the case of Jude Lobo v NCT of Delhi. The Goa-based restauranteur is accused of raping a Delhi woman. A bench of Justices Ashok Bhushan and S Abdul Nazeer held a special sitting to hear Lobo’s plea after the Delhi High Court rejected it.

The Sessions Court had initially granted protection to the accused but withdrew it later after which Lobo had approached the High Court. Senior advocate Mukul Rohatgi, on behalf of the petitioner, argued, “It’s a perfect example of cock and bull story. A FIR was lodged by the woman in December 2020 and the rape allegations are of 2009. She wanted to host a party at my restaurant and I refused. She improved her case under Section 64 CrPC statement. She says she met Jude Lobo in 2009 and then that Lobo will marry her. Lobo is married with three children out of which two are adults”.

He further maintained, “Lobo had denied to host the party due to govt regulations in light of COVID-19. She said she had invited 50 people. But then Lobo asked to explain guests about regulations. Then Lobo said we cannot cancel as there is no confirmation only.”

The two-judge bench set aside the Delhi High Court order and granted anticipatory bail to the petitioner, stating that it is “satisfied that the petitioner has a case for anticipatory bail”. The order read, “The petitioner is accused under Section 328, 376 and 506 IPC at Bhajanpura Delhi. We have perused the 164 CrPC statement as cited by Mr. Rohatgi and chats between Lobo and the complainant. We are satisfied that the petitioner has a case of anticipatory bail. If he is arrested, he shall be arrested on a personal bond of Rs. 10,000. The petitioner is allowed to implead the complainant as Respondent No. 2. Let it done by today itself. Issue notice.”