Ali Raza, petitioner seeks post arrest bail in case FIR No. 234 dated 01.10.2018, offence under Sections 376 & 511 PPC registered at Police Station Tanda District Gujrat.
2. The allegation against the petitioner is that he along with his co-accused attem pted to commit rape with Mst.
Saima Basharat, complainant.
3. Arguments heard. Record perused.
4. It has been noticed that the complainant, a married lady, as per crime report, was sexually assaulted by the petitioner but no medico legal examinatio n certificate to prove any violence against her is available on record. The occurrence took place on 27.09.2018 but the matter was reported by her not earlier than 01.10.2018. An unknown person was allegedly accompanying the petitioner at the time of occurrence but during the investigation, the complainant tendered an affidavit to the investigation officer to the effect that none accompanied the petitioner at the relevant time. In this view of the matter , if the petitioner was alone, why he was not overpowered by the complainant .and two male eye-witnesses, her husband and Muhammad Arif especially when the petitioner was not armed with any fire-arm at the time of occurrence, is a question to be looked in by the learned trial Court. These circumstances make the case of the petitioner one of further inquiry into his guilt entitling him to the grant of post arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898. He does not have any previous criminal record. The petitioner is behind the bars since his arrest on 26.10.2018 though he is no more required for investigation purpose.
For what has been discussed above, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.