Supreme Court sits on Holi, grants anticipatory bail to Goa restaurateur accused of rape by Delhi woman

The Supreme Court on Monday granted anticipatory bail to Goa-based restaurateur, Jude Lobo who has been accused of raping a Delhi woman. (Jude Lobo vs NCT of Delhi).A Bench of Justices Ashok Bhushan and S Abdul Nazeer held a special sitting on Holi to hear Lobo's plea after the Delhi High Court rejected his petition..The top court is closed this entire week on account of Holi..The Sessions court had earlier granted protection to the accused on February 24, but the same was cancelled after which Lobo had approached the Delhi High Court. The dismissal of the plea by Delhi High Court led to the appeal and urgent hearing before the top court. .Senior Advocate Mukul Rohatgi, representing Lobo, contended that the case against Lobo is a perfect example of cock and bull story and that rape allegations were levelled only in December 2020 though the rape was alleged to have committed in 2009.."Its a perfect example of cock and bull story. A FIR was lodged by he 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," said Rohatgi. .Rohatgi argued that the allegations were made due to refusal by Lobo to host a party of the complainant at his restaurant owing to COVID-19 restrictions. ."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," said Rohatgi. .The two-judge bench then proceeded to set aside the order of the Delhi High Court and granted anticipatory bail to the accused stating that it is "satisfied that the petitioner has a case for anticipatory bail."."The petitioner is accused under Section 328, 376 and 506 ipc at Bhajanpura Delhi. Interim bail application was filed before sessions judge. On Feb 24 interim protection was granted. Later sessions judge cancelled the anticipatory bail plea and Delhi High Court too denied the anticipatory bail plea. 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 be done today itself. Issue notice," the Court ordered. .The wife of the accused had earlier moved the lower court against allegations levelled against her husband. However, Rohatgi contended even though he was granted protection, "Delhi police had created a scene at his restaurant in Goa."