IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.472 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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17.03.2025
Mr. Sajid Raza Rind, advocate for
applicant
Mr. Khadim Hussain Khuharo, Addl:
P.G. Sindh
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Applicant/accused
Ayan Ali son of Tahir Manzoor seeks post arrest bail in FIR No.918/2024,
registered at P.S. Site Superhighway Industrial Area, Karachi for offence under
sections 365-B, 376, 34, PPC read with sections 3 and 4 of the Sindh Child
Marriage Restraint Act, 2013, after rejection of his bail plea by learned
Additional Sessions Judge, Malir Karachi vide order dated 02.12.2024.
2. Brief
facts of the case are that complainant lodged subject FIR, alleging therein
that his daughter Muskan went to College but did not return home, he called on
her Cell Phone No.03072167562 but call was not attended to, later on her cell
phone was powered off, therefore, he came to police station and lodged FIR.
3. Learned
counsel for applicant submits that there is no allegation against the applicant
that he abducted her and committed rape with her; that specific role has been
assigned to co-accused Sadiq Jan, Zafarullah and Ali Ayaz, who committed rape
with her and it is alleged that applicant is facilitator, therefore, his case
requires further inquiry in terms of section 497(2), Cr.PC.
4. Mr.
Muhammad Sharif Qureshi, advocate, files Vakalatnama on behalf of complainant
and assisted learned Additional Prosecutor General Sindh, they opposed for
grant of bail to applicant/accused on the ground that alleged offence comes
within the prohibitory clause of Section 497 Cr.PC and the alleged offence is
heinous one against the society. However, learned Additional Prosecutor General
Sindh admits that specific allegation for rape is against co-accused Sadiq Jan,
Zafarullah and Ali Ayaz and present applicant has facilitated other accused in
order to make defence of the case.
5. Heard
learned counsel for applicant, Additional Prosecutor General Sindh, counsel for
complainant and perused the material available on record.
6. Applicant
Ayan Ali is not nominated in the FIR, during investigation, statement of
alleged victim Muskan was recorded under section 164, Cr.PC before the
concerned Magistrate wherein she has assigned the role of committing rape to
co-accused Sadiq Jan, Zafarullah and Ali Ayaz and she further alleged that main
accused managed false Nikahnama with present applicant. In my humble view, case
of present applicant is on different footings than the case of co-accused, who
committed rape with her and managed false Nikahnama in order to create defence,
therefore, case of applicant requires further inquiry in terms of Section
497(2), Cr.PC. He is admitted to post arrest bail, subject to furnishing
solvent surety in the sum of Rs.100,000/- and P.R. Bond in the like amount to
the satisfaction of the trial Court.
7. The
observations made herein above are tentative in nature and would not prejudice
the case of either party at trial.
8. The
instant criminal bail application is disposed of in the above terms.
J U D G E
Gulsher/PS