Cr.Bail 496/2021 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2021 · Before Arshad Hussain Khan

Applicants/Accused Sajid son of Zahid, Noman son of Liaquat Ali and Yousuf son of Zar Wali seek post-arrest bail in Crime No. 92 of 2021 registered with Police Station Manghopir, Karachi, for offences under Sections 376, 511, 34 PPC.

2. The Prosecution case as per the FIR is that on 11.02.2021 at about 0015 hours the complainant namely, Mst. Anamta D/o Salahuddin lodged FIR stating therein that she works as maid and on 11.02.2021 when she was present at Main Road Manghopir near Mazar Baba Manghopir, Karachi, one black Corolla car stopped near to her and three unknown persons got down from it and forcibly put her into the car and tried to rape her, however, upon her hue and cry, one police mobile, patrolling in the area, reached at the scene and apprehended the culprits. On inquiry, the said culprits disclosed their names as Sajid son of Zahid Hussain, Muhammad Noman son of Liaquat Ali Khan and Yousuf son of Zarwali Khan. The said persons were arrested by the police and prepared memo of arrest and recovery and obtained her signature. In the meantime, she along with police party came to police station where she lodged her complaint, hence this FIR.

3. Learned counsel for the applicants/accused has mainly contended that the applicants are innocent and have falsely been implicated in the case with malafide intentions and ulterior motives on the part of the complainant with collusion of the police. Learned 2 counsel further contended that there is inordinate delay of about two hours in lodging of the FIR, which creates serious doubt in the prosecution story. She has further contended that after lodging the FIR, the complainant neither appeared before the trial court nor before this court despite notice through I.O of the case nor she is traceable and thus in such circumstances, false implication of applicants/accused by police for ulterior motives cannot be ruled out as such the case of the applicants/accused falls with the ambit of further inquiry. It is also contended that there is no medical report produced by the prosecution, which could connect the present applicants/accused with regard to the commission of offence; the victim of the FIR has not been produced before the Judicial Magistrate nor her statement has been recorded at all, there is no solid evidence against the applicants/accused, therefore, the applicants/accused persons are entitled for concession of bail.

4. Conversely, learned D.P.G while opposing bail application contended that the applicants/accused were apprehended at the spot and they have assigned their specific role, which connects them in the commission of offence. Lastly, he has prayed that the bail application may be dismissed.

5. I have heard learned counsel for the applicants/accused, learned Deputy Prosecutor General Sindh for the State and have also gone through the material available on the record.

6. The record transpires there is no medical report produced by the Prosecution, which could connect the applicants/accused with the commission of the alleged crime. Record also does not show that whe

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