Cr.Bail 825/2021 (S.B.) Sindh High Court, Circuit at Hyderabad

Sindh High Court · 2021 · Before Amjad Ali Sahito

above named seeks his post-arrest bail in Crime No.05 of 2021, under section 376 P.P.C, registered at P.S Thareri Jado Dadu, after his bail plea was declined by the learnedAdditional Sessions Judge-IV,Daduvide orderdated07.09.2021.

2. The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could be gathered from the copy of F.I.R. attached with suchapplication,henceneeds not toreproducethe samehereunder.

3. Per learned counsel the applicant/accused is innocent as there was Zuhar Namaz time people were likely to be available in the Mosque but out of themno one witnessed in the matter, as such, applicant/accused has falsely been implicated in this case. Lastly, heprayed for grant ofbail totheapplicant/accused.

4. On the other hand, learned counsel for the complainant as well as Assistant Prosecutor General, Sindh vehemently opposed for grant of bail to the applicant/accused.

5. I have heard learned counsel for the applicant as well as Assistant Prosecutor General, Sindh and counsel for the complainant having also gone through the material availableonrecord.

6. No doubt the name of the applicant/accused transpires in the F.I.R with specific role that on the day of incident he has committed Zina with mentally disabled girl namely Nazeeran and such F.I.R had lodged by father of the victim. No enmity or ill- will has been pointed out bythe learned counsel for false implication of the applicant in this case. The PWs in their 161 Cr.P.C. statements fully implicated the 2 applicant/accused in the commission of offence. So far delay is concerned, in such type of cases people are not reported matter for savingtheir honour. No case for grant of bail is madeout; resultantlyinstant bail applicationis dismissed.

7. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicant onmerits. JUDGE MuhammadDanish*

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