Apprehending arrest at the hands of local police, petitioner seeks pre-arrest bail in case FIR No, 1174 of 2018 dated 17.09.2018 registered u/S. 376, PPC at Police Station Iqbal Town, Lahore.
2. Allegation against the petitioner accor ding to the contents of FIR is that on 07.08.2018, the complainant was telephonically called by the petitioner near Technical Education Board, Iqbal Town, Lahore, from where he took her in his house and committed rape.
3. Arguments heard. Record perused.
4. Record transpires that initially on the application of the complainant FIR No, 318/18 dated 10.08.2018 was registered u/S. 376, PPC at Police Station City Jouharabad District Khushab in which place of occurrence was mentioned as house of present petitione r situated at Jouharabad and the occurrence was statedly happened on 07.08.2018. It is very surprising to observe that the complainant leveled allegation of committing rape against the petitioner on the same day i,e, 07.08.2018 at two different places, firstly at Lahore and secondly , at Jouharabad.
District Khushab. This aspect of the case creates a serious doubt regarding veracity of the allegation leveled by the complainant against the petitioner . Learned counsel for the complainant though vigorously argued that the first FIR No, 318/2018 lodged on 10.08.2018 at Police Station City Jouharabad was later on cancelled by the police by declaring it as false and second FIR lodged on 17.09.2018 Bearing No, 1174/2018 dated 17.09.2018 at Police Station Iqbal Town, Lahore with the same allegation against the petitioner should be presumed as true version of the complainant. The other argument of learned Law Officer assisted by learned counsel for the complainant is that during the course of investigation, the factum of committing rape with the complainant has been proved and in this regard report of DNA is positive.
5. In my view, the fact remains that how the petitioner can commit rape with the complainant on the same day at two different places, firstly at Lahore and then at Jouharabad, Khushab, which is more than 200 km far away from Lahore and there is no much difference in time also. The alleged occurrence took place at 07.08.2018 whereas, matter was reported to police on 17.09.2018 with a delay of one month and ten days, explanation of which has not been advanced by the complainant. Under the circumstances, it is very difficult for the Court that which version of the complainant be accepted as her true version. Even otherwise, while adjudicating upon pre-arrest bail, the Court has to see the evidence tentatively and deeper appreciation is not permissible. So, prima facie involvement of present petitioner on the basis of mala fide and ulterior motive cannot be ruled out and the guilt of petitioner would be determined by the learned trial Court after recording prosecution evidence adduced before it during trial.
6. For what has been discussed above, this application is allowed and ad-interim pre-arrest bail already granted to the petitioner is hereby confirmed subject to his furnishing fresh surety bonds in the sum of Rs, 2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.