PANAJI
The Supreme Court of India granted anticipatory bail to Jude Lobo, owner of Souza Lobo, in the case of a Delhi based woman filing a case of rape against him.
Lobo who has a long running dispute with the family, has claimed that the woman filed a false case against him in a bid to implicate him in connection with another dispute and that her case was entirely a cock and bull story.
Lobo was forced to approach the Supreme Court, which agreed to hear his petition despite it being a court holiday, after the Delhi High Court rejected his petition for anticipatory bail.
In her complaint, the woman claimed that she was raped by Lobo back in 2009 on the pretext of marriage.
“The petitioner is accused under Section 328 (drugging), 376 (sexual assault) and 506 (criminal intimidation) of the Indian Penal Code at Bhajanpura Delhi. Interim bail application was filed before the Sessions Judge. On Feb 24 interim protection was granted. Later the 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 implement the complainant as Respondent No 2. Let it be done today itself. Issue notice," the Supreme Court bench of Justices Ashok Bhushan and Abdul Nazeer ruled.
Lobo told the Court that the alleged incident took place in 2009 but the complaint was filed only in 2020 by which time he got married and has three children two of whom are adults.
He claimed before the court that the woman filed the case because he refused to host a party at his restaurant which was initially agreed to owing to the Covid-19 pandemic apprehending that protocol will not be followed.
“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," said Lobo’s Advocate Mukul Rohatgi argued before the Supreme Court.
“Lobo had denied to host the party due to government regulations in light of COVID-19,” said Rohatgi.
Lobo’s wife had earlier moved the lower court against allegations levelled against her husband but that despite protection being granted, “Delhi police had created a scene at his restaurant in Goa.” Lobo was not present when the police team arrived.
