Prima Facie Case for Anticipatory Bail
The court was hearing the petition submitted by the defendant against the March 26th order in the Delhi High Court, who rejected his bail demand in this case.
The Supreme Court provided an Anticipatory bail on Monday to a man based in Goa, who was accused of a rape case that was filed in Delhi last year.
A bench consisting of Justice Ashok Bhushan and SM Abdul Nazeer, who heard the problem on Holi Day, said the Petitioner Jude Lobo had made a “Prima Facie Case” for anticipatory bail.
Petition submitted by the accused against the March 26th in the Delhi High Court
The Apex court is in Holi Break this week.
The court for hearing the petition submitted by the accused against the March 26th in the Delhi High Court, who rejected his anticipatory bail in this case.
Senior Advocate Mukul Rohatgi, who appeared for Lobo, told the court that the applicant had a restaurant in Goa.
He referred to the Whatsapp chat record in December last year between the petitioner and the alleged victim.
First information report and statements recorded by Prosecutrix under section 164 of CRPC
“We are satisfied that the petitioner has made a prima facie case for anticipatory bail. We direct that if the petitioner is arrested, he will be released after submitting RS 10,000 personal bond. The applicant must work with the investigation,” Bench said in his order.
“We have read the first information report and statements recorded by Prosecutrix below section 164 of CRPC,” he said, added, “The applicant was allowed to oppose the complainant as a respondent no. 2. The amendment memo was submitted today. Notification issued.”
Indian penal Code (IPC) – 376 (rape)
The top court noted that the applicant was the accused in the FIR registered at the Bhajanpura police station here under various parts of the Indian penal Code (IPC), including 376 (rape).
It noted that the application for anticipatory bail was submitted before the court of trial, which, on February 27, provided temporary protection to the petitioner that he would not be arrested.
Furthermore, the Plea for anticipatory bail was dismissed by the court of trial on March 22, after that the petitioner moved to the High Court.
