ORDER

[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat. It is reported that the original complainant has expired and his legal heirs are not available or not traceable however, this Court has considered the present application on its own merits with the assistance of the learned APP.

[2.0] By way of present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant is seeking regular bail in connection with FIR being CR No.11204068250543 of 2025 registered with Vadtal Police Station, District Kheda for the offence punishable under Sections 64(2)(m), 65(1), 87 and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”); sections 5(L), 5(j)2, 6, 12 and 16 of the Protection of Children from Sexual Offences Act (for short “POCSO Act”) and sections 3(1)(W-1), 3(1)(W-2) and sections 3(2)(v-a) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “Atrocity Act”).

[3.0] Heard learned advocate for the applicant and learned APP for respondent – State of Gujarat.

[4.0] Learned advocate for the applicant has submitted that the applicant, who is a lady accused, is innocent and falsely arraigned as accused in the alleged offence. Further, charge-sheet is filed and nothing is required to be recovered or discovered from the present applicant and considering the limited role attributed to the present applicant of having harbored and facilitated the offence, he has requested to allow the present application since the applicant is behind the bars since 29.01.2026. Therefore, he has requested to grant regular bail to the applicant by imposing any stringent condition as may be deemed fit by this Court.

[5.0] Learned APP has vehemently opposed the present application on the ground that present applicant is the kingpin and she has indulged in such illegal activity and sufÏcient material is collected during the investigation which reveals the involvement of the present applicant in the offence. Herein, the victim is aged only 10 years who is subjected to frequent sexual assault by accused Nos.1 to 4 which has been facilitated by the present applicant at her own residential home and the minor victim of tender age is subjected to flesh trade. Not only that, the applicant has also called one juvenile who under the pretext of marrying the victim developed physical relations with the victim pursuant to which the minor victim got pregnant and delivered a baby girl. The statement of victim under Section 183 of the BNSS is recorded before the learned Magistrate which clearly shows involvement of the present applicant. Considering the aforesaid fact, if the applicant is released on bail then the possibility of tampering with evidence cannot be ruled out. Hence, she has requested to dismiss the present application.

[6.0] Having heard the learned advocates appearing for the respective parties and perusing the charge-sheet papers, it appears that in the case on hand, the victim is only 10 years of age and she has been subjected to flesh trade by the present applicant at her residential house though the complaint was filed against accused No.1 Sohil Firozbhai Diwan however, after investigation, other four persons including the present applicant have been arraigned as accused in the charge-sheet wherein it is the case of prosecution that though the present applicant was aware that victim is minor, applicant used to call different accused persons at her home and facilitated the accused persons to develop physical relations with the victim and the present applicant even called one juvenile to her home who under the pretext of marrying the victim girl developed physical relationship with the victim due to which the victim girl got pregnant and delivered a baby girl in December, 2025. Further, accused Nos.1 to 4 were called by the present applicant at her residential home to develop physical rel