MALIK HAQ NAWAZ, J.---The petitioner is in judicial lockup on the basis of FIR No,4 of 2017 dated 12.04.2017 of Police Station Phander, under sections 364-(A), 364-(B), 376 and 114, P.P.C.
2. The precise facts of the case as narrated in the FIR by complainant Sahib Jan, who is real uncle of alleged victim/ abductee Mst. Zenab Bibi reported the matter of abduction of his niece on the fateful day by one unknown person, who a day before the occurrence visited their house, posing himself a friend of Rahmat Jan, father of Mst. Zenab Bibi.
3. It is pertinent to mentioned here that on the day of occurrence the petitioner along with principal accused Akhtar Hussain and Mst. Zenab Bibi were arrested at check post Hayem by the local Police and were brought to Police Station Phander. In Police Station the accused disclosed about the details of the occurrence and the story of desertion of the alleged/abductee from her parental house, with an intention to contract marriage with accused Akhter Hussain.
4. After necessary investigation the accused namely Akhtar Hussain and petitioner were sent to judicial lockup while Mst. Zenab Bibi was handed over to her father after completion of some codal formalities.
5. The petitioner applied for bail in the Court of learned Sessions Judge Ghizer, which was declined vide order dated 07.06.2017 and being aggrieved from the said order the petitioner has knocked the door of this Court for concession of post arrest bail.
6. The learned counsel for the petitioner submitted at bar that the case against the present petitioner is false and no overt act is attributed to the petitioner, as he is a taxi driver by profession.
The learned counsel further contended that the taxi of the petitioner was booked on rent, and Rs.
4000/- (four Thousand) fare was settled with the principal accused who falsely posed that he has to bring his wife from village "Tarich". The petitioner was trapped by the accused deceitfully and he was not privy to the offence. The case of the petitioner is one of the further inquiry, and he deserve to be released on bail.
7. On the other hand the learned Assistant Advocate General, opposed the bail and contended that the accused was arrested red handed, who facilitated the commission of offence and he is not entitled for the concession of bail.
8. It is own case of prosecution that Mst. Zenab Bibi left the house of her parents at her own accord and was a consenting party to whole of this nasty transaction and in her statement before the learned Judicial Magistrate recorded 164 Cr.P.C., she has not levelled any incriminating allegation against the petitioner. The petitioner/accused was sharing common intention with the principal accused or not is a question of further inquiry. It is a settled law that case of an abettor or facilitator is always at lower footing as compared to the principal accused. The involvement of the petitioner when become doubtful or debatable, his case will becomes as one of the further inquiry.
9. In view of the above detailed discussions the petitioner has been able to make out a case for grant of bail. The petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.10,00,000/- (ten lac) with two solvent sureties each in the like amount to the satisfaction of learned Judicial Magistrate Punial/Ishkoman, District Ghizer.
10. The Cr. Misc. No,82/2017 is disposed of in the above terms.