(1.) THE applicant has preferred this application for grant of bail as she apprehends arrest in connection with Crime No.92/2008, registered in Police Station House Bamhanidih, for offence punishable under Sections 420, 468, 471 and 120(b) of the I.P.C. and Section 4 of the Examination Act.
(2.) THE case of the prosecution, in brief, is that the applicant, 15 years old girl, was regular student of Class-10 in the Government R.K.K. Higher Secondary School, Semaria. She appeared in the High School Examination, 2008 conducted by the Chhattisgarh Madhyamik Shiksha Mandal (for short 'the Board') and stood
(3.) LEARNED counsel for the applicant submitted that the applicant is a minor girl aged 15 years. She appeared in the examination conducted by the Board. After appearing in the examination she had no control whatsoever over the custody of the answer books, its dispatch to the Board and from there to the Valuer. In the application for anticipatory bail, learned Sessions Judge has not assigned any reason for rejecting her application, as no evidence of any conspiracy between the applicant and other accused persons has been pointed out. Referring to Section 12 of the Juvenile Justice (Care and Protection of the Children) Act, 2000, it was argued that the applicant is entitled to be released on bail unless there are reasonable grounds for believing that release is likely to bring her into association with any known criminal or expose him to moral, physical or psychological danger or that i his release would defeat the ends of justice. However, this aspect has not been considered by learned Sessions Judge while rejecting her application by the impugned order.