Law: Pakistan Penal Code, 1860

Section: 376,375,511

Law: Code of Criminal Procedure, 1898

Section: 164

Summary:
The bail applications involve applicants Mukhtiar and Yousif alias Younis seeking pre-arrest bail and Ghulam Ali seeking post-arrest bail in a case registered under Sections 376 and 511 PPC (attempted rape). The incident was reported on January 3, 2025, with the complainant alleging that on the night of January 2, 2025, she was attacked by the accused while passing urine outside her house. The accused fled after intervention by the complainant’s husband and maternal uncle. The FIR was lodged with a delay, and the 164 Cr.P.C statement of the victim was recorded after 19 days, with contradictions noted. There is also mention of a civil suit and allegations of grudge between the parties. The prosecution relied on the FIR and victim’s statement, while the defense pointed to lack of medical evidence and DNA report delays. The court observed that the charge under Section 376 PPC requires medical evidence which is absent. The court deemed the applicants entitled to bail and confirmed pre-arrest bail for Mukhtiar and Yousif and allowed post-arrest bail for Ghulam Ali, subject to surety bonds.

Core Points:

• The FIR and 164 Cr.P.C statement have contradictions and delays.
• No medical examination of the victim was conducted, raising doubt about the commission of rape.
• DNA samples were taken but the report is not on record; DNA request was made after 20 days.
• Applicants allegedly have a grudge with complainant party through a civil suit.
• The attempted commission of Zina (rape) was not completed due to intervention.
• Bail was initially declined by trial court but granted by High Court considering weak evidence.
• Bail granted subject to provision of surety and PR bond.
• Trial court to decide merits independently; observations by the High Court are tentative.

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