Through this petition u/S. 497, Cr.P.C. the petitioner Bashir Ahmad, seeks post-arrest bail in case F.I.R. No, 603 dated 05.11.2016 u/S. 365-B/376/420, PPC, registered at Police Station Shah Rukan-e- Alam Multan.
2. This crime report has been lodged by one Muzaffar Khan TASI alleging therein that on 05.11.2016 at 10:00 am the petitioner along with his co-accused abducted Mst. Shabina Noor and committed zina with her.
3. Heard. Record perused.
4. It divulges from record that although the petitioner is nominated in the crime report but it has been observed that on the same day F.I.R.No, 742/2017 u/S. 365-B/376/511, PPC was also registered at Police Station B.Z. Multan regarding abduction and zina of one Noor-ul-Aen but admittedly she was also present on the front seat of said vehicle but at that time the alleged victim of this case Mst. Shabina Noor did not lodge any complaint rather the instant case was lodged after the delay of more than seven hours. In the said F.I.R. the present `petitioner has already been allowed bail by the learned Additional Sessions Judge on 01.07.2017. Similarly in the instant case co-accused Khalid has also been allowed bail on 19.12.2016 by the learned Additional Sessions Judge. Although the alleged victim got recorded her statement u/S. 164, Cr.P.C. but the same was got recorded on 07.12.2016 i,e, with the delay of more than 11/2 month and during said period she remained with her parents hence due deliberation and consultation cannot be ruled out. It is also a circumstance that till today no report of chemical examiner or D.N.A. is available on record to connect the petitioner with the commission of crime. As the medical evidence does not support the version of the complainant and reports of chemical examiner and D.N.A. are not available, therefore, the prosecution is left with oral assertion of the abductee without any other corroboration that too at belated stage. Due to above mentioned reasons, the case of the petitioner has become one of further inquiry as completed in sub-section (2) of Section 497, Cr.P.C. The petitioner is behind the bars since his arrest and investigation to his extent is already complete. No useful purpose would be served by keeping the petitioner behind the bars.
5. Consequently, this petition is allowed and the petitioner Bashir Ahmad is enlarged on bail subject to his furnishing bail bonds in the sum of Rs,2,00,000/- (Rupees two lac) with one surety in the like amount to the satisfaction of the learned trial Court.