' ARSHAD MAHMOOD TABASSUM, J. --- The petitioner seeks post arrest bail in case F.I.R. No, 216/2013, dated 2.8.2013 registered under Sections 365-B/376, PPC at Police Station, Kameer, District Sahiwal.
2. The precise allegations against the petitioner as per F.I.R. Are that he along with his co-accused had abducted Noor Sain daughter of the complainant and had been committing rape with her and ultimately she fled away and reached at the house on 22.7.2013.
3. The learned counsel for the petitioner has argued that the petitioner is innocent and has falsely been roped in the case with mala fides; that in fact the above-mentioned lady being sui-juris, according to her own volition had contracted marriage with the petitioner and the same fact had been confirmed in different proceedings, initiated on the applications/complaints filed by the lady; that the case against the petitioner is of further inquiry; that the petitioner has been sent to the judicial lock-up, he is no more required for any further investigation and he does not have any previous criminal history.
4. The learned DPG assisted by learned counsel for the complainant has vehemently opposed the petition.
5. As per FIR, the above-named girl, who was abducted on 22.6.2013 had returned home on 22.7.2013, but the F.I.R. Was got lodged on 2.8.2013. In this way, an un-explained delay of about 40 days in registration of the F.I.R. Has been found. As per record, although the girl was available on 22.7.2013, but she was medically examined after 10 days and during the said examination, no swab was secured for any examination.
6. As per prosecution story, the girl came to the complainant on 22.7.2013, but in a suit for restitution of conjugal rights filed by the petitioner, her attendance, before the Court on 23.7.2013 has been marked. Copies of Nikahnama between the petitioner and the above-named girl dated 25.6.2013, the marriage, registration certificate, the complaint filed by the girl against her father and others, her statement before the Court and other documents are available on the record, whereby she has confirmed her marriage with petitioner.
7. All the above-mentioned facts and circumstances to my mind, have made the case against the petitioner as of further inquiry.
8. For what has been discussed above, the instant petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond.? In the sum of Rs, 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of learned Trial Court.
Bail after arrest granted.