Court dismisses bail plea of fugitive accused of rape in UK

A Delhi Court recently dismissed the bail plea of a fugitive accused who is facing extradition proceedings in an alleged rape case at a London pub in 2017, noting that the accused was evading the inquiry even after direction by the High Court.

Additional Chief Metropolitan Magistrate (ACMM) Nabeela Wali of Patiala House Court dismissed the bail plea of Jose Inacio Cota noting that he was evading the inquiry despite having knowledge of the extradition inquiry and court proceedings pertaining thereto. The court said, “It is pertinent to mention that the FC (fugitive criminal) was arrested on September 19, 2022, and was subsequently produced before this court. He has failed to appear on his own before this court despite giving many opportunities.”

“Thus, in view of the above, the conduct of FC and also considering the fact that the allegations levelled against him are serious in nature and he has been apprehended after almost more than a year after initiation of present processing, as such, this court is not inclined to enlarge him on bail at this stage,” the court noted in the order of October 7.

The accused has moved a plea for regular bail through advocate Arpit Batra. It was argued that the applicant was interviewed by UK Authorities and was allowed to go without any bond or restraining order.

It was also argued that the applicant stayed in the UK before leaving for India on June 5, 2017. There is material to make out a case of rape against him.

The applicant is an accused in a rape case lodged in London in May 2017. The petitioner had sought the quashing of extradition proceedings. The petition was dismissed by the Delhi High Court.

It was submitted that the extradition proceedings were liable to be quashed inasmuch as they have been initiated without due compliance with the Extradition Treaty between India and the United Kingdom (UK).

On the other hand, Rekha Pandey, Special Public Prosecutor for the central government submitted that the petitioner has not chosen to appear before the Extraditing Court.

This case pertains to the alleged rape at Two Rivers Pub in London on May 28, 2017. On the request of the UK government, the extradition proceedings were initiated in 2021 pending before the Patiala House Court, New Delhi.