IN THE LAHORE HIGH COURT, LAHORE.

Crl.Misc. No.______________/2024

Haris son of Sagheer Butt resident of Street No.5, near Jhallaran

Wali Masjid, Jorray Pull, Lahore.

PETITIONER
VERSUS
1. The State.
2. Shazia Nasreen W/O Muhammad Tanveer Butt resident of A-
Block, Al-faisal Town, Ameer ud din Park, Lahore.
RESPONDENT

CASE FIR NO: 5264/2023 Dated:20.10.2023

OFFENCE U/S: 377-B PPC
POLICE STATION: North Cantt, Lahore.
***
APPLICATION UNDER SECTION 497 CR.P.C. FOR THE

GRANT OF POST-ARREST BAIL.

***

Respectfully sheweth:-

1. That the allegations leveled in the FIR are false, frivolous,

baseless and concocted one. That initially the FIR was registered

U/S 506/B, 354 PPC but later on during the course of

investigation both these offences were deleted as the version in

FIR was not found correct and Offence U/S 377/B PPC was
 added on statement of alleged victim got recorded U/S 164

Cr.P.C. For detailed prosecution story, copy of FIR is attached as

ANNEXURE-A.

2. That the alleged victim filed an application through counsel and

got recorded her statement U/S 164 Cr.P.C before the learned

Judicial magistrate on 05.12.2023. Copy of the statement U/S

164 Cr.P.C is attached herewith as ANNEXURE-B.

3. That the petitioner filed his post arrest bail before the learned

Sessions Judge, Lahore which was entrusted to the learned ASJ,

Lahore who dismissed the same without entertaining the facts

of the case, vide order dated:15.05.2024. Copy of the bail

petition along with order dated: 15.05.2024 is attached

herewith as Annexure-C.

4. That earlier the petitioner filed his pre-arrest bail before the

honorable Lahore High Court, Lahore which was fixed for

04.04.2024 before honorable single bench of this honorable

court. That the police arrested the petitioner on 03.04.2024

upon which the counsel of the petitioner withdrew the bail

petition on 04.04.2024. Copy of the bail petition and order

dated: 04.04.2024 is attached herewith as ANNEXURE-D.

5. That the petitioner being quite innocent, surrenders himself

before the Honourable court and seeks his pre-arrest bail inter-

alia on the following:-

 GROUNDS

a) That the Petitioner is absolutely innocent and has falsely been

implicated in this false case with mala fide intention, by the

complainant and with active connivance of the local police.

b) That the story narrated in the FIR is that the daughter of the

complainant was intercepted by the petitioner while she was on

her way to school and threats were extended to her that if she

did not bring gold ornaments and give these to the petitioner,

she and her mother will be killed, upon which she took gold

ornaments from home and gave to the petitioner.

That in her application for recording statement U/s 164 Cr.P.C

and in the statement the alleged victim introduced an

altogether different story stating therin that she was abducted

by the petitioner and others, while she was in front of her

school and her gold ornaments were snatched and the accused

persons tried to commit her rape.

That from perusal of FIR and statement U/S 164 Cr.P.C it is quite

clear that complainant and alleged victim gave two versions

which are altogether different from each other which makes the

case of the petitioner of further inquiry, hence the petitioner

deserves bail on this score only.

c) That no time of occurrence is stated in FIR. That the FIR was got

lodged with an inordinate delay of one month which makes the

case of the prosecution lodged after due deliberations, highly

doubtful and unreliable.

d) That the alleged occurrence was not verified and stance

regarding weapons and jewelry was found false during the

course of investigation. That I.O after finding the stance of the

complainant false said that he was going to cancel the FIR, upon

which the complainant with malicious intention got recorded

statement of the alleged victim U/S 164 Cr.P.C and introduced a

new version through the said statement. That the I.O deleted

the offences U/S 506 and 354 PPC. That the I.O added offence

U/S 377-B just on the statement of the alleged victim. That in

these circumstances the case of the prosecution becomes highly

doubtful and unsafe to be relied upon, entitling the petitioner

for grant of bail as a right.

e) That the FIR was lodged after one month of the alleged

occurrence and according to the contents of the FIR, the same

was lodged upon information given by the alleged victim. That

during the course of cross-examination upon the alleged victim,

she categorically admitted that she went to police station 2/3

times with her mother and got recorded her statement with her

free will there. That after 15 days of lodging FIR and 1 ½ months

of the alleged occurrence, alleged victim got recorded

 statement U/s 164 Cr.P.C and this time she negated the

contents of the FIR and introduced a whole new story and

herself falsified her earlier statement got recorded with her free

will, which makes it transparent that the alleged victim is not

trustworthy and reliable as she blows hot and cold in the same

breathe.

f) That the alleged victim stated in her application for recording

statement U/S 164 Cr.P.C that she was abducted while she was

in front of her school and said in cross examination that it was

03:30 PM, meaning thereby that it was broad daylight. That as

per site plan the alleged place of occurrence is congested

residential area. That there are a number of shops. That in these

circumstances a prudent mind can’t accept that a student could

be abducted in the described manner without knowledge of

residents of locality or school officials and students, which

shrouds the entire story in doubt.

g) That no private witness or any witness from school or nearby

places has been cited. That in Lahore security cameras are

installed in every school but no such video has been produced

to prove the stance of the prosecution.

h) That unknown persons were also cited as accused person but

during the course of investigation neither any unknown person

 was found involved nor any one was nominated by the

complainant which further shatters the case of the prosecution.

i) That the contents of the said FIR does not disclose the

commission of the alleged offence as the ingredients to

constitute the alleged offence are missing. That the complaint

just to tease, harass, humiliate and blackmail the Petitioner for

ulterior motives, concocted a false story and involved the

petitioner with mala fide intention, which needs further probe

and inquiry, entitling the Petitioner for concession of bail as a

matter of right.

j) That nothing incriminating was recovered from or upon pointing

of the Petitioner. That there is no evidence on record to connect

the Petitioner with the commission of the alleged offence.

k) That no such occurrence ever took place. That the Petitioner is

previously non-convicted and is clean antecedents in his

character and role.

l) That it is legal obligation upon the Honourable courts to shield

and safeguard the honor and liberty of citizens. That if it

transpired after conclusion of trial that the Petitioner was

innocent then the detention of the Petitioner would not be

compensated by state functionaries, hence it is better to release

the Petitioner than to keep him behind the bars for an indefinite

period.
m) That the Petitioner is behind the bars since his arrest,

investigation has been completed, no useful purpose can be

served by keeping the Petitioner behind the bars for an

indefinite period.

n) That there is no apprehension of the Petitioner’s absconding or

tampering with the prosecution evidence, if released on bail.

o) That the other grounds available to the Petitioner shall be

submitted at the time of arguments.

p) That the Petitioner is ready to furnish surety to the entire

satisfaction of this Honourable court for his personal

appearance in this Honourable court.

PRAYER: Under the circumstances, facts and grounds expounded

above it is, therefore, most respectfully prayed that the

Petitioner may kindly be admitted to post-arrest bail till the final

decision of the case.

PETITIONER
Through:

FARRUKH AMIN RANA

MOHSIN QAMAR RANA
Advocate High Court, Advocate High Court
CNIC No.34502-0942798-3 CNIC NO.34102-0694966-3
Cell:0321-4111767 Cell No.0345-2112900

Dated:25.07.2024
CERTIFICATE
As per instructions this is 1st post arrest bail before this
Honourable court.
ADVOCATE
 IN THE LAHORE HIGH COURT, LAHORE.

Crl.Misc.No.____________/B/2024

Haris…..VS….The State etc.

INDEX

Sr.No. DESCRIPTION OF DOCUMENTS Pages

1 Bail Petition 1-7

2 Annexure-A (Copy of FIR) 8

3 Annexure-B ( application along with statement U/S 164 9-12

Cr.P.C)

4 Annexure-C (Copy of bail petition and order 13-18

dated:15.05.2024)

5 Annexure-D(Copy of bail petition and order 19-23

dated:04.04.2024)

6 Dispensation application 24

Power Of Attorney 25

PETITIONER

Through:

FARRUKH AMIN RANA MOHSIN

QAMAR RANA
Advocate High Court, Advocate High Court
CNIC No.34502-0942798-3 CNIC NO.34102-0694966-3
Cell:0321-4111767 Cell No.0345-2112900

Dated:25.07.2024
 IN THE LAHORE HIGH COURT, LAHORE.

C.M. NO.________________/2024
In
Crl.Misc. No.___________/B/2024

Haris….. VS…..The State etc.

APPLICATION UNDER SECTION 561-A Cr.P.C TO DISPENSE

WITH CERTIFIED COPIES OF DOCUMENTS.

Respectfully Submitted:

1. That the petitioner has filed the accompanied bail

petition in which no date has yet been fixed.

2. That the true copies of certain Annexure have been

submitted in support of the bail petition as the
attested copies are not available, however the same
shall be provided if and when these are made
available to the petitioner.

It is therefore, most respectfully prayed that

the above said exemption may graciously be
granted for filing of un-attested copies of the
annexures and the case may kindly be heard as it
is.

PETITIONER
(Behind The Bars)

THROUGH:
FARRUKH AMIN RANA MOHSIN
QAMAR RANA
Advocate High Court, Advocate High Court
CNIC No.34502-0942798-3 CNIC NO.34102-0694966-3
Cell:0321-4111767 Cell No.0345-2112900
Dated:25.07.2024