Mustafa, petitioner seeks bail after arrest in case FIR No, 64 dated 17.03.2012 offence under Section 376, PPC registered at Police Station Arooti District Toba Tek Singh. Prosecution story, as set out in the FIR, is that on 04.12.2011 at 8.00 a.m., Mst. Rubina Bibi, paternal grand-daughter of the complainant went to Ali Hamza Public School for dusting where Nadeem, co-accused of the petitioner committed rape with her and extended threats of killing her in case she tells the incident to anyone. On the next day at 11.00 a.m. she went to the house of the petitioner, who installed a grinding machine in his house, where the petitioner also committed rape with her.
2. Learned counsel for the petitioners, in support of this petition, contends that the matter was reported to the police after a delay of more than three months; that as per FIR, it was the case of the complainant that Mst. Rubina Bibi, his paternal grand-daughter went to Ali Hamza Public School for dusting where Nadeem, co-accused of the petitioner committed rape with her and thereafter, she went to the house of the petitioner, who installed a grinding machine in his house, where the petitioner also committed rape with her; that Nadeem co-accused of the petitioner filed a petition for bail after arrest before the learned Addl. Sessions Judge, Toba Tek Singh and the complainant alongwith Muhammad Zafar, witness sworn affidavits wherein it was written that name of Nadeem was mentioned because of misunderstanding and he did not commit rape with Mst. Rubina Bibi; that even the victim sworn an affidavit stating therein that Nadeem did not commit rape with her and his name was mentioned on the asking of somebody else and in the circumstances, case to the extent of the petitioner calls for further inquiry within the ambit of sub- section (2) of Section 497, Code of Criminal Procedure; that the petitioner is behind the bars since 01.05.2012 and no more required for the purpose of investigation.
3. On the other hand, learned Deputy Prosecutor General, assisted by learned counsel for the complainant, opposes this bail petition on the grounds that the petitioner is named in the FIR with specific role; that the medical evidence supports the allegations leveled in the FIR as pregnancy of two months was observed. Learned DPG, however, confirms that Nadeem co-accused of the petitioner was allowed bail after arrest by the learned Addl. Sessions Judge, Toba Tek Singh on the basis of affidavits sworn by the complainant and. his witness and even the victim sworn an affidavit to the effect that the name of Nadeem was mentioned on the asking of somebody else.
4. I have heard learned counsel for both the sides. Admittedly, the matter was reported to the police after the delay of more than three months. Though the allegations levelled in the FIR are serious in nature but the complainant and even the victim herself exonerated co-accused of the petitioner namely Nadeem, who was accused of first committing rape with the victim. I have perused the affidavit of Mst Rubina Bibi victim, copy whereof has been attached with this petition.
In para 3 of the affidavit, she has stated that Nadeem did not commit rape with her and his name was mentioned on the asking of somebody else. In the circumstances, case to the extent of the petitioner calls for further inquiry within the ambit of sub-section (2) of Section 497, Code of Criminal Procedure. The petitioner is behind the bars since 01.05.2012 and no more required for the purpose of investigation. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs,5,00,000/- (rupees five lac only) with one surety in the like amount to the satisfaction of learned trial Court.
5. Before parting with this order, it is clarified that the observations made in this order are tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial Court in any manner whatsoever.