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2013 Supreme(Raj) 282

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


Advocates Appeared
K.K. Manan with Pradeep Choudhary, for Petitioner;
Anand Purohit, AAG & Senior Advocate with Pradhuman Singh and Mahipal Bishnoi, for State;
Manish Vyas and Kapil Purohit, for Complainant;
Chanchal Mishra, Investigating Officer

JUDGMENT

Hon'ble KAUR, J.—The present bail application has been filed under Section 438 of the Cr.P.C. The petitioner is apprehending her arrest in connection with C.R. Case No.122/2013, P.S. Mahila Thana (West), Jodhpur for the offence under Sections 342, 376, 354-A, 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 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 vs. State of Rajasthan, reported in 2010(1) Cr.L.R. (Raj.) 380.

3. Learned counsel further argued that as


















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