Man accused of assaulting daughter secures bail

The Islamabad High Court (IHC) on Thursday granted bail to a man accused of the sexual assault of his three-year-old daughter, subject to the provision of a surety bond for Rs100,000.

The court stipulated that the concession of bail might be withdrawn if the accused misuses his freedom or seeks to obstruct or delay the trial.

Justice Tariq Mahmood Jahangiri issued the written order for the bail of an accused who was taken into custody on charges of sexually assaulting his young daughter.

In its written ruling, the court observed that bail might be granted to an accused in cases where further inquiry is required, as per Section 497 of the Criminal Procedure Code (CrPC).

The court further noted that the gravity of the offence alone is not a sufficient reason to deny bail. The Supreme Court has previously established that bail is not an acquittal but rather a mere change of custody.

Granting bail transfers the accused from the custody of state authorities to that of a surety, who assumes responsibility for ensuring the accused's presence as and when required.

The court order highlighted that the petitioner had been held in jail for three months without any discernible progress in the trial. According to the petitioner's legal counsel, the matter is a domestic dispute, and the accused has been falsely implicated in the case. Court records indicate that the complainant is the child's mother, who was in a second marriage and had filed for divorce.

A report from PIMS Hospital revealed that the victim's mother had informed doctors of the alleged sexual assault; however, a medical examination was not possible due to the child's lack of cooperation.

The court order also noted that the medico-legal examination report showed no evidence of abrasions, injuries, or blood.

The court expressed that there was no plausible rationale for an educated individual from a sensitive institution to assault his own three-year-old child.