GULZAR AHMED alias GULZAR vs THE STATE
This pre-arrest bail matter arose out of a criminal case involving alleged abduction. The complainant brought the victim, Mst. Yasmeen, before the High Court. She categorically stated before the court that she was an adult, had not been abducted by anyone, and had voluntarily contracted marriage with the applicant, Gulzar Ahmed. Documentary evidence in the form of a Nikahnama and an affidavit sworn before a Magistrate confirming her voluntary marriage were submitted alongside the bail application. Taking into consideration these facts and statement of the victim, the High Court confirmed the interim pre-arrest bail granted to the applicant on the same terms. The court further ruled that Mst. Yasmeen, being an adult expressing a desire to accompany her husband, was free to go wherever she pleased. The key principle reaffirmed is that where an alleged victim of abduction affirms her adulthood and voluntary marriage with the accused, pre-arrest bail is liable to be confirmed.
- Whether interim pre-arrest bail should be confirmed when the alleged victim denies abduction and confirms a valid marriage with the accused?
- Can an adult woman who confirms her voluntary marriage before the court be permitted to go with her husband?
- What is the effect of an alleged victim's statement of voluntary marriage on an allegation of abduction in a bail proceeding?
ORDER
1. ' AGHA RAFIQ AHMED KHAN,' C J.-Complainant Muhammad Jumman is present. He has brought Mst.
2. Yasmeen along with him. Yasmeen states that she has never been abducted by anybody and that she is adult and had contracted marriage with applicant Gulzar and she had also sworn such affidavit before the Magistrate. Photostat copies of affidavit as well as Nikahnama has also been produced along bail application.
3. ' Looking to these circumstances, interim bail granted to the applicant/ accused is confirmed on the same terms.
4. ' Mst. Yasmeen states that she wants to go with her husband (the applicant). She may go where ever she likes.