' Through this petition filed under Section 497, Cr.P.C. The petitioner Faisal A.I seeks post arrest bail in FIR No. 227/2015 dated 17.6.2015 for offence under Section 365-B, PPC later on added Section 376-I, PPC registered at Police Station Saddar Pindi Bhattian, District Hafizabad.
2. Arguments have been heard and the record perused.
3. It is observed that the FIR has been lodged with an inordinate delay for which no plausible explanation is forthcoming. The offence is stated to have taken place on 14.06.2015 at 8:00 P.M.
However the FIR was lodged with a delay on 17.06.2015. According to the FIR the victim left her house alongwith her mother to answer a call of nature where she was abducted by the petitioner alongwith the co-accused Safdar and Allah Ditta. The alleged abductee while getting her statement recorded under Section 161, Cr.P.C. Did not depose in line with the contents of the FIR and stated that she had been abducted only by the petitioner and Safdar and not by the other co- accused Allah Ditta. The alleged abductee while getting her statement recorded under Section 164, Cr.P.C. Again changed her stance by submitting that one of the accused pointed a gun at her father while abducting her from her home. According to the statements recorded by the victim under Sections 161 and 164, Cr.P.C. The abduction took place from the house of the complainant and not from outside the house where the victim had allegedly gone to answer a call of nature as has been alleged in the FIR. The Medico Legal Report of the victim does not lend credence to the prosecution case according to which the hymen is "ruptured/old". In all fairness the learned Deputy District Public Prosecutor has pointed out that Section 365-B, PPC has been deleted as is evident from a bare reading of Case Diary No. 7, dated 2.7.2015. All these factors would bring the case of the petitioner within the ambit of further inquiry calling into his guilt making him eligible for the grant of bail as of right and not by way of grace or concession as has been held by the august Supreme Court of Pakistan in Ehsan Ullah versus The State (2012 SCM R 1137). There is nothing on the record to establish that the petitioner has any criminal antecedents.
4. For what has been stated above this petition is accepted and the petitioner is admitted to post- arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (rupees two hundred thousand only) with two sureties in the like amount to the satisfaction of the learned trial Court.