High Court discretion remains available to entertain a bail application filed prior to the chargesheet even after its submission. However, in sexual offences against minors, court must vigilantly examine victim consent affidavits for possible coercion, as such retractions rarely override the seriousness of the primary allegations.

ORDER :

UTKARSH THAKORBHAI DESAI, J.

1. The applicant who came to be arrested by Kapadvanj Town Police Station has preferred the present application under Section 483 of the BNS 2023 praying for regular bail before filing of the charge-sheet. The FIR in question came to be registered vide C.R.No.11204026260077 of 2026 on 06.02.2026 before the Kapadvanj Town Police Station under Sections 87, 137(2), 64(2)(m) of the Bharatiya Nyay Sanhita 2023 and under Sections 4, 6, 12, 3(a) and 5(L) of the POCSO Act. The victim was aged 17 years when the alleged offense had occurred. During the pendency of this application, charge-sheet came to be filed before the concerned Special Court.

2. The victim who is also the original complainant by way of her complaint had stated that, when she was aged 17 years, she had sought employment in Rinks Saloon Beauty Parlor as a beautician and hairdresser. She has mentioned that, a pan masala shop was situated below their beauty parlor where many boys from Kapadvanj town used to come and sit. The applicant herein would also visit the said pan masala shop, as such, the victim got acquainted with him. It is further mentioned that, the applicant had got the snap-chat id from the victim and had started communicating with her, and she being young, was lured by the applicant by way of such communications.

2.1 It is mentioned that, in the year 2025 approximately in the month of May, the applicant had called her and had asked her to come to Dakore cross roads at around 7 p.m. to meet him, pursuant to which, she had gone at the said place from where the applicant had made her sit in his Ertiga car. It is mentioned by the victim that, thereafter the applicant had told her that he wanted to marry her and saying so, he had taken her to a farm situated near Jamalpur on Dahegam Road, where, he had committed sexual intercourse with her, against her wish. The victim has further mentioned that, she had resisted, however, the applicant had not listened and had forcefully committed sexual intercourse with her. The applicant had also clicked her photographs in his phone, and thereafter, he had dropped her at Dakore cross-roads. The applicant had also given a threat to her saying that, if she would disclose the said fact to anyone, he would make her photographs viral, and hence, victim had not informed anyone about the said incident.

2.2 It is further mentioned by the victim that, thereafter also, the applicant used to call her and text her and would also call her to meet him, and if she refused, he would give her the same threat about making her photographs viral, which had compelled her to succumb to his wishes. The victim has mentioned that, whenever she was frightened, the applicant would console her by saying that, he would marry her.

2.3 It is also mentioned in the FIR that, the applicant had taken the victim on four to five occasions in Krishna Hotel situated at Garod Naka, Kapadvanj, where, he used to hire room by submitting someone else’s id-card, and would commit sexual intercourse with her, against her wish. She has also stated that, the applicant had also committed sexual intercourse with her in his farm house situated near Jamalpur on 3 to 4 occasions.

2.4 It is further mentioned that, on 29.01.2026, the victim had gone to Palate Hotel to attend the dinner of their parlor owner Rinkuben Bhatt, when the applicant had called her and had asked her to come down, however, she had refused saying that She had come for Rinkuben’s birthday, howe