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NIRMALJIT KAUR
Sanchita Gupta @ Shilpi – Appellant
Versus
State of Rajasthan – Respondent


Counsel for the Parties:
For the Petitioner:Mr. K.K. Manan with Mr. Pradeep Chaudhary, Advocate.
For the State:Mr. Anand Purohit, AAG & Senior Advocate with Mr. Pradhuman Singh and Mr. Mahipal Bishnoi, Advocate.
For the Complainant:Mr. Manish Vyas and Mr. Kapil Purohit, Advocates.
Investigating Officer Ms. Chanchal Mishra.

JUDGMENT

Nirmaljit Kaur, J.—The present bail application has been filed under Section 438 of the CrPC. The petitioner is apprehending her arrest in connection with CR Case No:122/2013, P.S. Mahila Thana (West), Jodhpur for the offence under Sections 342, 376, 354A, 506, 509/34 of the IPC, Section 23 & 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and under Section 8 of the Protection of Children from sexual offences Act, 2012.

2. Learned counsel for the petitioner while praying for bail submitted that the petitioner is an unmarried girl. She joined Asa Ram Gurukul, Chhindwara (M.P.) only in the month of April, 2013. There is no allegation against her. The only evidence available with the Investigating Agency to connect the petitioner with the offence are the telephone calls between her, the co-accused of Shiva and Prakash, However, no text of the said conversation is available Hence, the said telephone calls between three of them cannot be taken into consideration. Reliance was placed upon the judgment of this Court rendered in the case of Prahlad Sharma v. State of Rajasthan.1

3. Learned counsel further argued that as per the medical report, there was no s

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