' Muhammad Shafique, petitioner seeks bail after arrest in case FIR No, 151 dated 16.05.2014 under Section 365-B, PPC of the Pakistan Penal Code, 1860 registered at Police Station Chab Kalan, District Khanewal.
2. The allegation on the petitioner as well as other co-accused is that when complainant reached home, he was informed by his wife that present petitioner alongwith six co-accused armed with lethal weapons trespassed into his house and forcibly abducted his real daughter namely Mst.
Fauzia for the purpose of committing zina. It is further mentioned in the FIR that previously same daughter of petitioner was abducted by petitioner and other co-accused and resultantly FIR No, 416/2013 was registered in the same Police Station.
3. Learned counsel for the petitioner in support of this petition contends that the petitioner has been falsely implicated in this case; that prior to the registration of present FIR, the alleged abductee namely Mst. Fauzia Bibi contracted nikah with one Umar Farooq on 24.03.2014; that in the same manner alongwith the petition, an application dated 27.03.2014 filed by the alleged abductee has been annexed showing that she moved an application before the learned Illaqa Magistrate for sending her to Darul Aman on the ground that she has contracted marriage with one Umar Farooq with her free will due to which her relatives have become inimical towards her. Further contended that petitioner was released from Darul Aman by the orders of learned Magistrate Sec-30, Vehari.
4. On the other hand, learned Additional Prosecutor General has vehemently opposed this bail petition and prayed for its rejection. However, he stated that the police vide Diary No, 29 dated 07.09.2014 has declared the petitioner as innocent after relying upon Nikah Nama, application for sanding the abductee to Darul Amman and order of her release from Darul Aman. The local police also arranged face to face meeting of the parties and arrived at a conclusion that allegation against the petitioner are ill-founded.
5. Arguments heard. Record perused.
6. Admittedly, there is unexplained delay of one month and twenty days. The local police after thorough investigation has declared the alleged incident as fake and arrived at a conclusion that allegations against the petitioner are ill-founded. In the instant FIR, the complainant termed the alleged abductee as his daughter whereas in the previous FIR while leveling same allegations against the petitioner and other co-accused., the alleged abductee has been termed as niece of complainant. Two PWs namely Faqir and Tufail have been shown as eye witness in both of the FIRs, All the circumstances mentioned above clearly make the case against the petitioner as one of further inquiry within the ambit of Section 497(2), Cr.P.C. The petitioner is behind the bars and no more required to the police for further investigation. By keeping the petitioner behind the bars, will serve no useful purpose to the prosecution.
7. For what has been discussed above, the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court.
8. However, it is made clear that the above findings are tentative in nature and shall have no bearing on the trial of the case.