The Gujarat High Court has refused to grant bail to a 32-year-old Gujarati filmmaker, Jayesh Tamboliya (also known as Thakore), who is accused of sexually exploiting a minor aspiring actor in an alleged casting couch case. The complainant, who was 15 years old at the time of the incident, claimed that she was lured with the promise of a film role and was abused over a period of nearly two years.
Case Background
The case originates 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 in 2024. The victim alleged that Tamboliya sexually exploited her by promising her a role in a Gujarati film. She further stated that he kept her in a semiconscious state, possibly through intoxicating substances, and took advantage of her vulnerability.
Tamboliya was arrested in October 2025 and has been in judicial custody since then. While seeking regular bail, the accused claimed innocence and argued that the relationship was consensual. His counsel highlighted that the girl did not raise any alarm during the two-year period.
Prosecution's Argument
The prosecution opposed the bail plea, contending that the accused manipulated the victim by falsely promising a film role and allegedly administering intoxicants to keep her semiconscious while sexually exploiting her. They argued that this was a clear case of casting couch, where the accused used his position to prey on a minor's aspirations.
Court's Observations
After hearing both sides, Justice H D Suthar rejected the bail application. 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 stated, “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.” The judge emphasized that the purpose of bail is not punitive but preventive, and factors such as the accused's availability for trial and the possibility of tampering with evidence must be considered. Given the serious nature of the offense, the court found no grounds to grant bail.
The ruling underscores the judiciary's firm stance against sexual exploitation of minors in the entertainment industry, reinforcing the protective intent of the Pocso Act.
