' On 22-1-1989 at Police Station Dahranwala a case under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against Sanaullah, Lutfullah, Naseer Ahmad, Mst. Miran Bibi and Mst. Naseem Akhtar accused at the instance of Muhammad Rashid complainant.
2. The prosecution case in brief is that Mst. Muhammad Bibi, hereinafter referred to as abductee, is the daughter of the complainant and is aged about 14/15 years. She works as tailoress. Sanaullah accused developed illicit intimacy with her. On 18-1-1989 Mst. Miran Bibi and Mst. Naseem Akhtar accused came to the house of the complainant and took the abductee to their house for the stitching of some clothes. When she did not return for quite some time the complainant started inquiring about her. He was told by the witnesses that she was brought to Sanaullah, Lutfullah and Naseer Ahmad accused by the two women accused who took her away in a car.
3. On 21-2-1989 the abductee was recovered from the custody of Sanaullah accused. On 25-2-1989 she was produced before a Magistrate where she made a statement under section 164, Cr.P.C. In that statement she alleged that Sanaulla accused had been committing Zina-bil-Jabr with her.
After the said statement sections 10 and 16(3) of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 were also added.
4. Naseer Ahmad accused, petitioner herein, was arrested. During dui investigation the S.H.O.
Declared Mst. Miran Bibi and Mst. Naseem Akhtar accused as innocent. Subsequently the petitioner was also declared innocent b the D.S.P. During the investigation conducted by him.
5. The petitioner applied for bail but his bail application was dismissed be the learned Additional Sessions Judge II, Bahawalnagar. He has now moved th instant bail application in this Court.
6. I have heard the parties' counsel and have gone through the record.
7. The abductee has not levelled any allegation of Zina against th petitioner either in her statement under section 161, Cr.P.C. Or her statemer before the Magistrate under section 164, Cr.P.C. The only allegation against hir is that while Sanaullah accused committed rape with her he used to keep watcl In these circumstances, especially when the petitioner has been declared innocer by a gazetted Police Officer, I am of the opinion that a case for enlargement petitioner on bail has been made out. The petition is, therefore, allowed and t petitioner is directed to be released on bail provided he furnishes bail bonds the sum of Rs,20,000 with one surety in the like amount to the satisfaction A.C./Duty Magistrate, Chishtian District Bahawalnagar. e