Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 923

SUPREME COURT OF INDIA
Ashok Bhushan, S. Abdul Nazeer, JJ.
Jude Lobo - Appellant
Versus
State, NCT Of Delhi - Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s).2907 of 2021 (Arising out of impugned final judgment and order dated 26-03-2021 in BA No. 1097 of 2021 passed by the High Court of Delhi at New Delhi)
Decided On : 29-03-2021

Advocates appeared:
Mr. Mukul Rohatgi, Sr. Advocate, Mr. Siddharth Aggarwal, Sr. Advocate, Mr. Ninad Laud, Advocate, Mr. Simon Benjamin, Advocate, Mr. Vishwajeet Singh, Advocate, Mr. Surbhit Nandan, Advocate, Mr. Santosh Krishnan, Advocate, for the Appellant.

Points OF The Law : Perused first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.

Headnote:
Indian Penal Code,1860 - Sections 328, 376 and 506 - Criminal Procedure Code,1973 - FIR - Investigation - Police Station Delhi - An application for anticipatory bail was filed before learned Courts Delhi - By order interim protection was granted to petitioner that he shall not be arrested - Subsequently Special Judge (NDPS)/ASJ North East Delhi dismissed anticipatory bail application - Then petitioner filed an application for anticipatory bail in High Court which was rejected by impugned order Being aggrieved this special leave petition has been filed.
Finding of the court :
Senior counsel has referred to WhatsApp chat between petitioner and prosecutrix which has been brought on record from of paper book- Court are satisfied that petitioner has made out a prima facie case for grant of anticipatory bail- Court direct that in event petitioner is arrested he shall be released on submitting a personal bond.
Result : Order accordingly

ORDER

1. Heard Shri Mukul Rohatgi, learned senior counsel appearing for the petitioner.

2. The petitioner is an accused in FIR No.716/2020 under Sections 328, 376 and 506 of Indian Penal Code registered at Police Station Bhajanpura, Delhi. An application for anticipatory bail was filed before the learned ASJ-02(N/E), Karkardooma Courts, Delhi. By order dated 27.02.2021, interim protection was granted to the petitioner that he shall not be arrested. Subsequently, on 22.03.2021 learned Special Judge (NDPS)/ASJ, North East, Delhi dismissed the anticipatory bail application. Then, petitioner filed an application for anticipatory bail in the High Court, which was rejected by the impugned order dated 26.03.2021. Being aggrieved, this special leave petition has been filed.

3. We have perused the first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.

4. Shri Mukul Rohatgi, learned senior counsel has referred to WhatsApp chat between the petitioner and prosecutrix of December 2020 which has been brought on the record from page 47 to page 54 of the paper book.

5. We are satisfied that the petitioner has made out a prima facie case for grant of anticipatory bail. We direct that in event the petitioner is arrested, he shall be released on submitting a personal bond of Rs.10,000/- (Rupees Ten Thousand only).

6. The petitioner shall cooperate with the investigation. The petitioner is permitted to implead the complainant as respondent no.2. Amended memo be filed today itself.

7. Issue notice.

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