' SYED SAJJAD HUSSAIN SHAH, J.---Petitioner Arshad Hussain Abbasi through the instant petition has sought post-arrest bail in a case F.I.R. No,133, dated 29-6-2007 under sections 371-A/B, P.P.C.
Amended as Protection of Women Act, 2006 registered with Police Station Tarnol.
2. The allegation against the petitioner is that during a raid conducted by the Police Station, Tarnol, he was found in objectionable condition with Mst. Sabiha Bibi.
3. It is contended by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner was standing outside the raided premises and involved in this case due to some conspiracy of his relatives who are inimical towards him. Further adds that if the allegation deems to be correct then too no offence is made out against the petitioner.
4. Conversely, learned D.P.G. Has opposed the instant petition and submits that the brothel house was being run by one Mst. Zaiton Bibi who escaped from the spot when the house was raided.
Further submits that the police after obtaining warrant raided the house and arrested three couples who were involved in immoral activities including the present petitioner, therefore, the prosecution has sufficient material to connect the petitioner with the offence.
5. Arguments heard. Record perused.
6. The allegation against the petitioner is that he was found present with a woman namely Mst.
Sabiah in an objectionable position where the raid was conducted by the police after getting search warrant. Said Mst. Sabiah made a statement before the Magistrate under section 164, Cr.P.C. Copy of which has been placed on the record in which she has stated that neither the petitioner has sexually intercourse with her nor she was sold by anyone. In view of the above, the involvement of the petitioner and application of section 371A/B, P.P.C. Requires further determination which of course would be determined by the trial Court after recording the evidence.
The petitioner is literate person and has no criminal record. He is behind the bars and no more required for further investigation. His further detention would not serve any useful purpose.
7. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail, subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties in the like amount to the satisfaction of the trial Court.##TE#