New Delhi: The Supreme Court on Monday granted anticipatory bail to a Goa-based man, who has been accused of raping a Delhi woman.
A vacation bench of justices Ashok Bhushan and S Abdul Nazeer was hearing the case on an urgent basis on Holi.
Petitioner Jude Lobo, Calangute-based Souza Lobo restaurant owner was moved to the apex court against the arrest after the Delhi High Court refused him any relief.
During the hearing, senior counsel Mukul Rohatgi, who appeared for the petitioner, pointed out that the FIR was lodged by the woman in December 2020, and the rape allegations are of 2009.
“It is a perfect example of a cock-and-bull story”, Mr Rohatgi said.
He argued that the woman wanted to host a party at the petitioner’s restaurant and he denied it due to government regulations in light of COVID-19. “She improved her case under Section164 CrPC statement after that..” the lawyer said.
After the hearing, the bench observed that the petitioner has made out a “prima facie case” for the 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. The petitioner shall cooperate with the investigation,” the bench asserted.
Advocate Rohatgi apologised to the bench for bothering them on the day of the festival day.
“It is part of our duty,” Justice Bhushan responded.
The top court is closed this entire week on account of Holi and will reopen on April 5.