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Delhi High Court Grants Regular Bail To Fugitive Portuguese National In London Pub Rape Case

The Delhi High Court has granted regular bail to Portuguese national Jose Inacio Cota, a fugitive criminal accused in a 2017 London pub rape case. The decision was made by Justice Sanjeev Narula on January 10, 2025.

Justice Narula ordered that Cota be admitted to regular bail on the same terms and conditions as specified in a previous interim bail order. However, the High Court stipulated that after the proceedings in an FIR registered at the Maina Curtorim Police Station in Goa are concluded, Cota must surrender before the concerned court at Patiala House in connection with the extradition case.

Legal Proceedings and Bail Terms

Cota had moved a petition through his legal team, consisting of advocates Arpit Batra, Abhilasha, and Nihal P. Kamat, seeking regular bail under Section 439 of the Criminal Procedure Code (Cr.P.C.) in connection with the extradition proceedings. Cota’s defense argued that his extradition should not proceed while a criminal case against him was ongoing in Goa.

The Central Government, however, submitted that under Section 31(d) of the Extradition Act, Cota’s extradition cannot occur until the criminal case in Goa, related to an FIR registered at Maina Curtorim Police Station in 2021, is resolved. The government agreed to Cota’s release on bail, under the condition that he faces trial in Goa.

Conditions of Bail

The High Court had earlier granted Cota interim bail on the condition that he furnish a personal bond of Rs. 1 lakh, with one lakh surety. The court also imposed several strict conditions:

  • Cota must surrender his passport.
  • He is required to report to the local police station in Goa every Friday at 5:00 PM.
  • Cota is restricted to the territory of Goa and cannot leave the state without informing the concerned court in Goa.
  • He is prohibited from traveling abroad without permission from the trial courts in New Delhi.

Background of the Case

Jose Inacio Cota is wanted for his alleged involvement in a rape case at a pub in London in 2017. The proceedings for his extradition to face charges in the UK have been ongoing, and his legal team is contesting his extradition while a separate criminal case is pending against him in Goa.

The court’s decision to grant bail reflects the complexity of extradition cases, especially when there are pending legal proceedings in another jurisdiction.

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