In a special sitting held on the Holi, the Supreme Court on Monday granted anticipatory bail to Jude Lobo, owner of Souza Lobo in Goa's Calangute in a rape case.
After going through the contents of the FIR, the woman's statement made before a judicial officer and her WhatsApp chats, a bench of Justices Ashok Bhushan and S Abdul Nazeer said that the court is satisfied that the petitioner has made a prima facie case for grant of anticipatory bail.
"We direct that in the event the petitioner is arrested, he shall be released on submitting a personal bond of Rs 10,000 only. The petitioner shall cooperate with the investigation," the bench said.
Senior advocate Mukul Rohatgi, appearing for the petitioner, contended that the case was a perfect example of a cock and bull story.
"An FIR was lodged by the woman in December 2020 with Bhajanpura police station here while the rape allegations are of 2009. She wanted to host a party at my restaurant and I refused. She improved her case in the statement made under Section 164 of the Criminal Procedure Code," he said.
He further referred to her statement which said that she had met Lobo 10 years ago and claimed that Lobo would marry her, even though he was already married and had three children, out of whom, two were adults. She claimed she would not get justice in Goa, so she came back to Delhi and got an FIR registered.
The counsel also referred to WhatsApp chats between the petitioner and the woman.
The court, allowing the relief, issued notice to the Delhi police and the complainant on the petitioner's plea against the Delhi High Court's order of March 26 denying him the protection from arrest.
The top court is on a week-long Holi vacation.
(Published 29 March 2021, 09:04 IST)
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