Sections 328, 376 and 506 of Indian Penal Code – Anticipatory bail – 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 – Petitioner has made out a prima facie case for grant of anticipatory bail.

ITEM NO.1 Court 5               (Video Conferencing)                 SECTION II-C
      (Vacation Bench)
S U P R E M E C O U R T  O F  I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).2907/2021
(Arising out of impugned final judgment and order dated 26-03-2021 in BA No.1097/2021 passed by the High Court Of Delhi At New Delhi)
JUDE LOBO                                                                                        Petitioner(s) VERSUS
STATE, NCT OF DELHI                                                                Respondent(s)
(FOR ADMISSION and I.R. and IA No.47747/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.47748/2021-EXEMPTION FROM FILING O.T.)
Date : 29-03-2021 This petition was called on for hearing today.
CORAM :
                             HON’BLE MR. JUSTICE ASHOK BHUSHAN
                             HON’BLE MR. JUSTICE S. ABDUL NAZEER
For Petitioner(s)
Mr. Mukul Rohatgi,
Sr. Adv.Mr. Siddharth Aggarwal,
Sr. Adv.Mr. Ninad Laud,
Adv.Mr. Simon Benjamin,
Adv.Mr. Vishwajeet Singh,
Adv.Mr. Surbhit Nandan,
Adv.Mr. Santosh Krishnan, AOR
For Respondent(s) UPON hearing the counsel the Court made the following
                                                  O R D E R
               Heard Shri Mukul Rohatgi, learned senior counsel appearing for the petitioner.
               The petitioner is an accused in FIR No.716/2020 under Sections 328, 376 and 506 of Indian Penal Code registered at Police Station Bhajan pura, Delhi. An application for anticipatory bail was filed before the learned ASJ-02(N/E), Karkardooma Courts, Delhi. By order1 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.
             We have perused the first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.
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.
                 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). 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.
Issue notice.
(ARJUN BISHT)                                                             (VIRENDER SINGH)
COURT MASTER (SH)                                                  BRANCH OFFICER 2
Categories: Judgements

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