Abdul waqar vs State S — 2025 PCrLJ 1769 Gilgit-Baltistan Chief Court

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Abdul waqar VS State S. 497---Penal Code (XLV of 1860), Ss. 365-B, 496-A, 494 & 511---Abduction, enticing or taking away or detaining with criminal intent a woman, marrying again during lifetime of husband or wife, attempted rape---Bail, dismissal of---Allegations against the petitioner-accused were that he abducted the wife of complainant with the intention to commit fornication with her---Perusal of record transpired that earlier marriage of the alleged abductee subsisted and she was wedded wife of the complainant of the case and there was no record regarding the divorce effected between the spouses---Said fact had also been admitted by the alleged abductee by appearing before Trial Court that she hated her husband and she had been given into the Nikah of the complainant by her father without her consent and willingness and now she wanted to marry the petitioner/accused---Present petitioner/accused also appeared before the Trial Court and had stated that he would again take the abductee to K-(Kohistan) if he was released on bail---Hence, Nikah over Nikah was not permissible in Islam---Said act of the petitioner/accused did not entitle the petitioner for concession of bail at this stage---Furthermore, the petitioner/accused was directly charged in the FIR with specific role and offence under S.365-(B) P.P.C fell within the ambit of prohibitory clause of S.497 Cr.P.C.---So far as grant of bail to the co-accused of the petitioner/alleged abductee was concerned, she was female/woman therefore, the Trial Court had granted post arrest bail in favour of co-accused of the present petitioner/accused being woman, thus rule of consistency did not apply to the case of the present petitioner/accused---Bail petition was dismissed, in circumstances. Citation Name: 2025 PCrLJ 1769 Gilgit-Baltistan Chief CourtBookmark this Case Abdul waqar VS State S. 497---Bail order---Observations of the Court---Scope---Observations made in the bail order are entirely tentative in nature which shall not prejudice the final findings to be recorded by the Trial Court after recording pro and contra evidence.

Abdul waqar vs State S — 2025 PCrLJ 1769 Gilgit-Baltistan Chief Court

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