The Gujarat High Court dismissed a woman's bail plea accused of not only abetting the sexual assault of a minor girl, but also allegedly subjecting the survivor to 'flesh trade' by sending her to the homes of accused persons to develop physical relations. [2026 LiveLaw (Guj) 199]

In doing so the court said that merely because the applicant is a lady is not a ground to enlarge her on bail since the applicant, though being lady was involved in such a "serious crime...involving a minor girl aged 10 years and allowed her to be exploited repeatedly".

The applicant argued that she is innocent and falsely booked. That 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 applicant of having harbored and facilitated the offence, she may be granted bail.

The State alleged that the minor survivor was only 10-years-old and she was subjected to frequent sexual assault by accused Nos.1 to 4 which has been facilitated by the applicant at her own residential home. Not only that, the applicant had also called one juvenile who under the pretext of marrying the victim developed physical relations with her pursuant to which the minor got pregnant and delivered a baby girl.

Justice Hasmukh D Suthar in his order noted that it was alleged that the applicant called accused Nos.1 to 4 to her home "to develop physical relations with the minor victim".

It noted that the applicant allegedly used to send the minor to the homes of the accused persons as a part of flesh trade.

"Considering the aforesaid facts, sufficient material including the statement of minor victim recorded under Section 183 of the BNSS before the learned Additional Chief Judicial Magistrate, Nadiad is collected by the investigating agency which clearly shows the involvement of the present applicant. Hence, the present applicant though fully aware of the tender age of the victim forcefully thrashed the victim in flesh trade and exploited her and taken undue advantage of the tender age of the victim. Hence, prima facie involvement of the applicant is clearly made out. Considering the aforesaid fact, it transpires that the offences alleged are not only against a person but against the State. Against the juvenile who was made by the applicant to develop physical relations with the minor victim is also charge-sheeted by way of a separate chargesheet and matter is pending before the Juvenile Justice Board," the court held.

The FIR was lodged under BNS Sections 64(2)(m) [Aggravated Rape], 65(1) [Rape of a Minor], 87 [Kidnapping/Forced Marriage], Section 54 [Abettor Present] as well as POCSO Sections 5(j)(2) (Applies when a person in a position of trust or authority (e.g., a teacher, guardian, or caretaker) commits the assault), 5(l) (Applies when the assault is committed by a person with knowledge that the child is mentally or physically disabled), 6 (Punishment for Aggravated Penetrative Sexual Assault), 12 (sexual harassment) and 16 (abetment of offence).

"Herein, the applicant accused has committed an offence under Section 16 of the POCSO Act and abetted accused persons in committing offence under Sections 5(L), 5(j) and 6 of the POCSO Act. Learned advocate for the applicant has requested for bail also on the ground that chargesheet is already filed however, it is needless to say that merely charge-sheet is filed is not a ground to release the applicant on bail," the court added.

The court also said that while considering bail plea the court has to satisfy itself about the interest of prosecution. It held that if the applicant is enlarged on bail, the possibility of accused misusing her liberty and tampering with evidence of prosecution and being a flight risk cannot be ruled out.

The bail plea was dismissed.

Case title: SOLANKI ANKUBEN JITENDRAKUMAR v/s STATE OF GUJARAT & ANR.

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 9609 of 2026

Appearance: MR KG PATEL for MS PRIYANKA A GUPTA(12869) for the Applicant, MS SHRUTI PATHAK, APP for the Respondent(s) No. 1

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Guj) 199