Cr.Bail 3526/2025 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2026 · Before Jan Ali Junejo

Muhammad Anwar seeks pre-arrest bail in FIR No.400 of 2025, registered at Police Station Itehad Town, for offence under Section 365-B PPC read with Section 3/4 of the Child Marriage Restraint, Act, 2013, calling in question the Order dated 16.12.2025, passed by the learned Additional Sessions Judge-Xth Karachi West, whereby, his pre-arrest bail application was dismissed. The Applicant was granted ad-interim pre-arrest bail by this Court vide Order dated 23.12.2025.

2. The FIR was lodged on 25.09.2025 at 16:00 hours by the Complainant that his daughter, namely, Fatima aged about 17 years, went to drop her sister at Faizan-e-Ghous-e-Azam Madrassa, but failed to return. Upon private inquiry, the Complainant discovered that his daughter was kidnapped by Syed Muhammad Arman son of Muhammad Anwar for the purpose of marriage or Zina. The Complainant seeks the registration of a formal report and legal proceedings against the Applicant for the alleged abduction.

3. Learned Counsel for Applicant contended that the Applicant is innocent and has falsely been implicated in this case by Complainant with connivance of police; that according to medical of alleged abductee she is aged about 18 years; that the victim has contracted marriage with Applicant out of her own wish and freewill; that there is unexplained delay of one day in lodging of FIR; that there is no eye witness of the alleged [2] Criminal Bail Application No.3526 of 2025 incident; that there is no specific role of Applicant; that the alleged abductee has also exonerated the present Applicant in her statement recorded under Section 164 Cr.P.C., before the Magistrate. Lastly, he prayed that Applicant has joined the investigation and is no more required for further investigation; therefore, he is entitled for confirmation of pre- arrest bail.

4. Conversely, learned ADPP has vehemently opposed the grant of bail and contended that the alleged abductee is a minor and her consent is of no legal value under the law. It was further contended that the Applicant knowingly contracted marriage with a minor girl in violation of the Sindh Child Marriage Restraint Act, and sufficient incriminating material is available on record connecting him with the commission of offence. Lastly, it was prayed that the bail application may be dismissed.

5. I have heard learned Counsel for the Applicant as well as ADPP for the State and have perused the material available on record with their able assistance. It is an admitted position on record that the alleged abductee has been recovered and her statement under Section 164 Cr.P.C. has been recorded before a Magistrate, wherein, she has categorically stated that she was not kidnapped and had gone with the Applicant on her own free will and contracted marriage with him. This aspect of the case, at least tentatively, negates the element of abduction as contemplated under Section 365-B PPC and creates a doubt regarding the prosecution story to that extent.

6. So far as the allegation of rape is concerned, it is evident from the record that the relationship between the parties is claimed to be that of husband and wife, based on a Nikah. The question whet

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