Bail is not punitive, but preventative: Gujarat high court tells filmmaker accused of offering role and sexually exploiting minor for two years

Ahmedabad: The Gujarat high court has refused to grant bail to a 32-year-old Gujarati filmmaker accused of sexually exploiting a minor aspiring actor in an alleged casting couch case. The complainant alleged that she was lured with the promise of a film role and abused over a period of two years.

The case stems from an FIR registered under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children From Sexual Offences (Pocso) Act at Gandhigram police station in Rajkot last year. The complainant, who was 15 years old at the time, alleged that filmmaker Jayesh Tamboliya (Thakore) sexually exploited her for nearly two years by promising her a role in a film. She further alleged that he kept her in a semiconscious state and took advantage of her vulnerability.

Tamboliya was arrested in Oct 2025 and has remained in judicial custody since then.

Seeking regular bail, the accused claimed that he was innocent and had been falsely implicated. His counsel argued that the relationship was consensual and that the girl had not raised any alarm during the two-year period.

The prosecution opposed the plea, contending that the accused had manipulated the victim by falsely promising her a role in a Gujarati film and allegedly administering intoxicating substances to keep her in a semiconscious condition while sexually exploiting her.

After hearing both sides, Justice H D Suthar rejected the bail application. In the order, the court observed, “Prima facie, it appears that aggravated form of sexual assault has been committed by the applicant upon the victim under the pretext of offering a role in Gujarati film, exploited the victim under the influence of intoxicant. Hence, question does not arise for the victim to shout for help or rescue and hence, argument canvassed by the learned advocate for the applicant that statement of neighbours have not been recorded is not acceptable.”

The court further said, “This is a clear case of ‘casting couch’ and considering the stringent provisions of the Pocso Act and gravity of offence and severity of punishment, in such offence, no case is made out to exercise the discretion.

“So far concept of the bail is concerned, purpose of the bail is not punitive but preventive. While granting bail, the court has to take care the availability of the accused at the time of trial and second important aspect is that possibility of the tampering with evidence of the prosecution.”