The Supreme Court held a special hearing on Holi and granted anticipatory bail to a Goa restaurateur accused of raping, intimidating and poisoning a woman from Delhi.
Justices Ashok Bhushan and S Abdul Nazeer held a special sitting on Holi to hear the accused’s special leave petition after the Delhi High Court rejected his petition.
The court said, “We have perused the first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.PC. We are satisfied that the petitioner has made out a prima facie case for grant of anticipatory bail. We direct that in event the petitioner is arrested, he shall be released on submitting a personal bond of Rs.10,000/- (Rupees Ten Thousand only). The petitioner shall cooperate with the investigation.”
The petitioner/accused was represented by Senior Advocate Mukul Rohatgi, who contended that the case against him is a perfect example of cock and bull story and that rape allegations were levelled only last year when the rape was alleged to have committed in 2009.
Bar & Bench quoted Rohatgi saying, “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 Section164 CrPC statement. She says she met Jude Lobo in 2009 and then that Lobo will marry her. Lobo is married with 3 children out of which two are adults.”
Senior counsel Rohatgi also argued that the allegations were made due to refusal by him to host a party of the complainant at his restaurant due to Covid-19 restrictions. He said, “Lobo had denied to host the party due to government 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,” reported Bar & Bench.
The petitioner was granted interim protection from Delhi’s Karkardooma court in February this year but on March 26, the Delhi High Court dismissed his pre arrest bail plea.
The order may be read here:
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