' Imran, the petitioner through the instant petition has sought for post-arrest bail in case F.I.R. No,214 dated 19-12-2002 originally registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No,VII of 1979 with Police Station Farid Nagar, Pakpattan Sharif. Later on, the police have added section 10 of the same in it.
2. Briefly the prosecution case as per F.I.R. Is that on 15-12-2002 at about 7/8 p.m. He and his co- accused had abducted Mst. Amna Bibi, 13 year old, the daughter of the complainant for-Zina.
3. It has been contended on his behalf that he has falsely been roped in; that there is no allegation of Zina against him; that he has been declared innocent by the police and his name has been placed in Column No,2 of the challan report; that no recovery was effected from him; that he was arrested on 31-1-2003 and since then is behind the bars; and that he is previous non-convict.
4. Conversely, the learned counsel for the state assisted by the learned counsel for the complainant has opposed the petition on the ground that he alongwith his co-accused has abducted Mst. Amna Bibi, 13 years old, the daughter of the complainant for Zina.
5. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.
6. The fact remains that there is no allegation of Zina or Zina-bil-Jabr against him (petitioner). He admittedly has been found innocent in the investigation and his name placed in Column No,2 of the challan report. Besides than this, no incriminating article was recovered from him. Hence, the case against him certainly needs further inquiry into his guilt and so the same is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars and stated to be previous non-convict.
7. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bound in the sum of Rs,50,000 (Rupees ,fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.