' Petitioners Arsala Khan and Said Nabi seek their release on bail in case FIR No, 496, dated 17.5.2016, under Sections 365-B/496-A, PPC of Police Station Mathra, Peshawar.
2. I have heard the learned counsel for the parties and learned AAG and have also gone through the record with their valuable assistance.
3. Complainant being brother of the abductee Mst. Maryam Bibi has directly charged the petitioners for abduction of his married sister. As per record, both, the accused have been charged on the basis of satisfaction and the abductee has not yet been recovered. The sister of abductee charged Arsala Khan, having contacts with abductee. The CDR data collected by the investigating agency connects petitioner Arsala Khan with the commission of crime. The offence for which the A petitioners are charged undoubtedly attract the prohibitory clause of Section 497, Cr.P.C. Tentative assessm ent of the evidence establishes that petitioner Arsala Khan being prima facie connected with the 'commission of crime is not entitle to the concession of bail, in an offence attracting prohibitory clause of Section 497 Cr.P.C., hence his request for bail is rejected.
4. So far as case of Said Nabi petitioner is concerned, he is stated to be juvenile, aged about 16 years, being student of 10' class. There is neither any evidence against him except bald allegation nor CDR Data collected so far, connect Said Nabi with the commission of 1:5 crime nor any overt act has been attributed to him, establishing his liaison/abetment with the co-accused in kidnapping of the abductee Mst. Maryam Bibi. His case is one of further enquiry qua his guilt in the commission of crime. SO he is entitled to the concession of bail.
5. Thus for the above reasons, petitioner Arsala Khan .Has been refused while Said Nabi has been granted bail, vide my short order of even date, which is reproduced as under: "For reasons to be recorded later on, this bail petition is allowed to the extent of Said Nabi who is admitted to bail, in case FIR No, 496, dated 17.5.2016, under Sections 365-B/496-A, PPC of Police Station Mathra, Peshawar, provided he furnishes bail bonds in the sum of Rs, Two lac with two sureties, each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means. Whereas concession of bail is declined to Arsala Khan petitioner."