The Sindh High Court (SHC) has dismissed the bail application of a man in a kidnapping and rape case.
The applicant, Adnan, was arrested by police for kidnapping a minor girl and committing rape in the Surjani Town area.
According to the prosecution, the applicant along with other co-accused Dawood, Zawar, Salman and Fahad kidnapped a minor girl and raped her. The case was registered against them under the section 365-B of the Pakistan Penal Code read with the Section 2/3 of the anti-human trafficking law.
A counsel for the applicant submitted that he had falsely been implicated in the case as there was no direct or indirect evidence against him nor was there any eyewitness of the alleged incident.
He said that the case required further inquiry and the applicant be granted bail.
An additional prosecutor general (APG) opposed the bail submitting that the applicant was nominated in the FIR with his specific role that he kidnapped the sister of the complainant and committed her rape.
The APG said the girl in her statement recorded under the Section 164 of the Code of Criminal Procedure (CrPC) fully implicated the applicant with the alleged offence stating that he along with co-accused persons kidnapped and illegally detained her and committed her rape.
He said the offence fell within the prohibitory clause of the Section 497(1) of the CrPC, therefore, the concession of bail may not be granted to the applicant at the pre-trial stage.
A single bench of the high court comprising Justice Mohammad Jaffer Raza after hearing the arguments of the counsel and perusal of the record observed that it appeared that the applicant, along with other co-accused, was nominated in the FIR with his specific role and the alleged abducted girl fully implicated the present applicant with the alleged offence.
The SHC observed that in case of such a heinous offence, the concession of bail may not be granted to the applicant at the pre-trial stage as the offence fell within the prohibitory clause of the Section 497(1) of the CrPC.
The high court observed that it was also evident that the applicant had failed to bring on record any malice or mala fide intention on the part of the complainant or police. It also observed that the investigation had not been finalised and only interim challan had been furnished before the trial court.
The SHC observed that the applicant had not been able to make out a case for the grant of bail at this stage and dismissed the bail application.
Published in News Daily on 30 June 2025.