Through this petition, Farman Ali petitioner seeks post arrest bail in case FIR No, 38 dated 25.01.2017 registered for offence under Section 377 of Pakistan Penal Code, 1860, at Police Station Saddar kehror pacca, District Lodharn.
2. Shortly, the allegation against the petitioner as per story narrated in the crime report is that he along with his co-accused committed sodomy with the complainant's nephew Muhammad Ali aged 13/14 years.
3. Arguments heard. Record perused.
4. It has been noticed that per crime report four persons including the petitioner, one by one, committed Sodomy with Muhammad Ali aged about 13/14 years but perusal of medico legal examination certificate of the victim transpires no contusions, abrasions, bruises or tears on the knees, elbows, around the anus or inside the anal canal which fact prima facie, does not support the narration of the crime report. As per DNA test report available with the Investigation Agency no seminal material could be detected on the sample swabs. During the custody of the petitioner with the Investigation Agency, rickshaw allegedly used for the deceitful abduction of the victim could not be recovered at his instance. These circumstances make the case of present petitioner one of further inquiry into his quilt entitling him to the grant of post arrest bail under Section 497 (2) of The Code of Criminal Procedure, 1898. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/-with one surety in the like amount to the satisfaction of learned trial Court.