In cases involving sexual offenses, a settlement between the parties does not override evidence of coercion and lack of consent, and thus does not automatically entitle the accused to the exercise of discretionary bail.

ORDER

1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No.11192015250193 of 2025 registered with Changodar Police Station, Ahmedabad Rural for the offences punishable under Sections 137(2), 87, 64(2)m, 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 , 5(1), 6 and 10 of the Protection of Children from Sexual Offences Act.

2. Learned advocate appearing for the applicant submitted that the applicant has been arrested in connection with the present offence on 26.02.2025 and since then, he is in custody. After withdrawal of the earlier application filed by the applicant, not a single witness has been examined and thus, there is no progress in the trial. He further submitted that there was love affair between the present applicant and the prosecutrix and because of the same, the prosecutrix eloped with the applicant on her own volition and had traveled to various places. The relations between the applicant and the prosecutrix was consensual in nature. He therefore submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions.

3. Learned APP has opposed the present application contending that prior to approaching this Court by filing the present application, the applicant had approached the learned Special Court by filing an application seeking a regular bail. Before the learned Special Court, the complainant had appeared and had objected to the bail application filed by the present applicant whereas, in the present application, it is contended that the matter has been amicably settled between the parties and the complainant has no objection if the applicant is ordered to be enlarged on bail. Thus, when the matter has traveled from the learned Special Court to this Court, the applicant herein had approached the complainant and the matter has been settled between the parties. The deposition of the prosecutrix is yet to be examined. He therefore submitted to dismiss the present application.

4. Learned Advocates Mr. Nisarg D. Shah and Mr. Rahul V. Shrimali appear and state that the matter has been amicably settled between the parties and the complainant has no objection if the applicant is ordered to be enlarged on bail. They shall file their appearance before the registry.

5. Heard learned advocates for the parties. Learned APP has drawn the attention of this Court to the statement of the prosecutrix recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita wherein she had categorically stated that though, there was love affair between herself and the present applicant, the present applicant had called her on one day i.e. 18.02.2025 to one place and had threatened that if she did not come, he would make the photographs of her viral and therefore, the prosecutrix had gone to the place from where she was taken to various places by the present applicant and had established physical relations with her without her consent.

6. Having regard to these aspects, no case is made out for exercising discretion in favour of the applicant. Hence, the application stands dismissed.