Child In Conflict With Law vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:30542
1 CRR-4695-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE ALOK AWASTHI
th
ON THE 29 OF OCTOBER, 2026
CRIMINAL REVISION No. 4695 of 2026
CNR No.: MPHC020417152026
CHILD IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Singh, learned Senior Advocate alongwith Shri Juned
Ahmed Khan, learned counsel for the applicant.
Ms. Usha Chouhan, learned Govt. Advocate for the respondent/State.
ORDER
This criminal revision u/S 102 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (for brevity "JJ Act") has been preferred
by the Child in Conflict with Law through his natural guardian/mother
nd
against the against the order dated 01.10.2026 passed by the II Additional
Sessions Judge, District Jhabua in Criminal Appeal No.38/2026, whereby the
Appellate Court affirmed the order dated 19.08.2026 passed by the Principal
Magistrate, Juvenile Justice Board, Jhabua in Crime No.349/2026 registered
at Police Station Petlawad, District Jhabua for commission of offence u/S
296(a), 115(2), 351(2), 103(1) & 3(5) of the BNS, 2023. By the said order,
the Principal Magistrate had rejected the application filed u/S 12 of the JJ
Act seeking release of the child on bail/supurdagi.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 29-Oct-26
6:17:41 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30542
2 CRR-4695-2026
2. Facts giving rise to the instant revision are that on 02-08-2026,

complainant Bhulibai W/o Bharat Parmar lodged a Dehati Nalisi alleging that
on the night of 31.07.2026 & 01.08.2026, the complainant & Hariram Gehlot
were at their house situated at Atal Basti, Petlawad. At the same night, at
about 02:00 am, accused Deva along with his son, a juvenile in conflict with
law, his son-in-law & another person allegedly entered in her house through
the rear door & abused her. On being objected to them, they allegedly
assaulted complainant and Hariram with wooden sticks & a wooden mallet
(Mogri) due to which, they sustained multiple injuries. It is further alleged
that Deva juvenile in conflict with law inflicted serious injury to the
Harirams on his head. The accused persons allegedly threatened to kill|
Hariram, if he visited the complainant's house again & thereafter fled away
from the spot. On the basis of which, an FIR bearing Crime No. 349/2026
was registered at Police Station Petlawad for the offences under Sections
296(a), 115(2), 351(2), 103(1) & 3(5) of BNS. Later on, an application under
Section 12 of the JJ Act was filed on behalf of the child which was rejected
by the Principal Magistrate on 19.08.2026. The appeal preferred under
Section 101 of the JJ Act was also dismissed by the Additional Sessions
Judge on 01.10.2026. Hence the present revision.
3. Learned counsel for the applicant submitted that the Courts below
have rejected the application without properly appreciating the mandatory
provisions of Section 12 of the JJ Act. There is no material to show that the
release of the child is likely to bring him into association with any known
criminal or expose him to moral, physical or psychological danger or that his
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 29-Oct-26
6:17:41 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30542
3 CRR-4695-2026
release would defeat the ends of justice. The child has no previous criminal

antecedents. He is in custody since 08.08.2026. The Social Investigation
Report does not contain any material which would attract the proviso to
Section 12(1). The child is a student belonging to a Scheduled Tribe family
and lives with his parents who are ready to take him under their control and
ensure his presence before the Board. The continued detention of a child of
about 17 years is contrary to the object of the JJ Act which emphasises
rehabilitation and reformation. It is therefore prayed that the impugned orders
be set aside and the child be released on bail/supurdagi in the custody of his
mother.
4. Per contra, learned Government Advocate for the
respondent/State opposed the revision and supported the orders of the Courts
below. There is likelihood of the child coming into contact with known
criminals and repeating the offence. Hence the revision deserves to be
dismissed.
5. I have heard learned counsel for the parties and carefully perused
the case diary, the Social Investigation Report, the order of the Juvenile
Justice Board dated 19.08.2026 and the appellate Court order dated
01.10.2026.
6. It is not in dispute that the child was below 18 years of age on the
date of the alleged incident. Section 12 of the JJ Act mandates that a person
who is apparently a child and is alleged to have committed a bailable or non-
bailable offence shall be released on bail with or without surety or placed
under the supervision of a probation officer or under the care of any fit
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 29-Oct-26
6:17:41 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30542
4 CRR-4695-2026
person. The proviso to Section 12(1) carves out three limited exceptions:-

(i) if there appears reasonable ground for believing that the release is
likely to bring the child into association with any known criminal; or
(ii) expose him to moral, physical or psychological danger; or
(iii) that his release would defeat the ends of justice.
7. Bail is the rule and refusal is an exception. The gravity of the
offence by itself is not a ground to deny bail under the JJ Act.
8. A perusal of the Social Investigation Report reveals that the child
belongs to a Scheduled Tribe family of medium economic status residing in
a rural area. He lives with his parents. The child had discontinued formal
education but is stated to possess understanding of right and wrong. His
conduct in the Observation Home is reported as satisfactory and friendly
with other inmates. Although the report notes some deficiency in parental
control and association with adult company, it does not record any previous
criminal antecedents or any specific instance indicating that the child is a
hardened or habitual offender. No recovery of any incriminating article has
been made from the exclusive possession of the child. The implication
appears to rest primarily on the disclosure statement of co-accused and the
version of the complainant.
9. The Juvenile Justice Board and the Appellate Court have mainly
relied upon the seriousness of the allegations and the possibility of the child
repeating the offence. While the nature of the incident is undoubtedly
serious, the statutory scheme of the JJ Act does not permit denial of bail
solely on the ground of seriousness of the offence when the three exceptional
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 29-Oct-26
6:17:41 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30542
5 CRR-4695-2026
circumstances enumerated in the proviso to Section 12(1) are not clearly

made out. Prolonged detention of a child in an Observation Home,
particularly when the Social Investigation Report is not wholly adverse and
the natural guardian is willing to take responsibility, runs counter to the
rehabilitative object of the Act.
10. In the facts and circumstances of the present case, this Court is of
the considered opinion that the Courts below have not properly applied the
parameters of Section 12 of the JJ Act. The continued incarceration of the
child is not in his best interest. Accordingly, I deem appropriate to allow the
present criminal revision. Hence, the impugned orders passed by the Courts
below are set aside.
11. The applicant/child in conflict with law is directed to be released
on bail and handed over to the custody of his natural guardian/mother upon
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with a solvent surety in the like amount by the mother to the
satisfaction of Principal Magistrate, Juvenile Justice Board, Jhabua, subject
to the following conditions:-
(i) The mother shall keep the child under her continuous care,
supervision and control and shall not allow him to come into association
with any known or unknown criminals;
(ii) The mother shall ensure the presence of the child on each and
every date of hearing before the Juvenile Justice Board and shall not seek
unnecessary adjournments;
(iii) The child shall not indulge in any criminal activity and shall not
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 29-Oct-26
6:17:41 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:30542
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leave the jurisdiction of the Board without prior permission;

(iv) The mother shall ensure that the release of the child does not
defeat the ends of justice in any manner;
(v) The Probation Officer concerned shall periodically monitor the
activities and conduct of the child and submit periodic reports to the Board.
In the event of violation of any of the above conditions, the bail granted to
the child shall stand automatically cancelled and the Board shall be at liberty
to take the child back into custody.
12. With the aforesaid, criminal revision stands allowed and disposed
of.
13. A copy of this order be immediately transmitted to the Principal
Magistrate, Juvenile Justice Board, Jhabua and the Superintendent of the
Observation Home, Jhabua for necessary compliance and for production of
the child for the purpose of release in accordance with this order.
Certified copy, as per Rules.
(ALOK AWASTHI)
JUDGE
Vindesh

Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 29-Oct-26
6:17:41 PM