LAL JAN KHATTAK, J. Petitioner Sohail Ahmad has applied to this court for his release on bail in case FIR No.68/2021 dated 28.12.2021 under sections 16/21/24 of the Prevention of Electronic Crimes Act, 2016 and sections 419/506, P.P.C. registered against him at Police Station FIA Cyber Crime Reporting, Peshawar wherein he is charged for making and sharing nude videos of the complainant's wife.
2. Arguments heard and record gone through.
3. Tentative perusal of the case record would show that no doubt the petitioner is charged in the FIR for making and sharing obnoxious videos of the complainant's wife but pertinent fact of the case is that the parties are/were related inter se and as per the statement of Mst. Nayab i.e. the victim recorded on 29.12.2021, her brother Waseem Sajjad had committed suicide on 18.07.2021 when the petitioner displayed her naked videos to him. It is also worth to note that a report was lodged on 19.07.2021 by her brother Taiha qua the suicide of said Waseem Sajjad. Question would arise that when wife of the complainant was aware of her naked photos/videos on 19.07.2021 then why she kept mum about the case occurrence till lodging of the FIR on 28.12.2021. Ibid delay has not been explained which has cast reasonable doubt on the prosecution case. Further, the offences allegedly committed under the Prevention of Cyber Crimes Act by the petitioner are punishable up to 03 years and grant of bail in offences which do not fail within the restrictive clause of section 497 Cr.P.C. is a rule and refusal thereof is an exception and there is no material on record which could bring the petitioner's case within the exception. Besides, another fact which is worth consideration for the purpose of deciding this petition is that there is no allegation that the petitioner has shared the naked video of the complainant's wife with other persons.
4. Tentative assessm ent of the case record has led this court to believe that involvement of the petitioner qua his guilt in the crime as alleged needs further probe, therefore, he has succeeded in making out a case for his release on bail.
5. For what has been discussed above, this petition is allowed and it is directed that the petitioner he released on bail subject to his furnishing bail bonds in the sum of Rs.100,000/- with two sureties each in the like amount to the satisfaction of learned Illaqa/Duty Magistrate.
6. Above are the reasons for my shor, order of even date.