Child In Conflict With Law vs State Of M P

NEUTRAL CITATION NO. 2026:MPHC-IND:6264
1 CRR-5036-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
th
ON THE 9 OF MARCH, 2026
CRIMINAL REVISION No. 5036 of 2025
CHILD IN CONFLICT WITH LAW
Versus
STATE OF M P
Appearance:
Shri Amit Singh Sisodia - Advocate for the petitioner.
Shri Manoj Kumar Soni - Advocate for the respondent/C.B.N.
ORDER
This criminal revision under section 102 of the Juvenile Justice (Care
and Protection of Children) Act, 2015 (for short 'the Act of 2015') is
preferred being aggrieved by the order dated 16.09.2025 in criminal appeal
No.69/2025 by 2nd ASJ, Neemuch arising out of order dated 06.08.2025 by
the Juvenile Justice Board, Neemuch whereby the application of child in
conflict with law apprehended in connection with crime no.3/2025 for the
offence under section 8/22 of the NDPS Act, 1985 registered at police station
CBN, Neemuch for release on bail under section 12 of the Act of 2015 has
been rejected.
02. Brief facts of the prosecution case are that the child in conflict
with law was apprehended on 21.01.2025 in connection with 102 grams of
Methamphetamine. Earlier, first criminal revision was dismissed on
17.05.2025 through CRR No.1667/2025 recording the finding that the report
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 10-03-2026
19:55:36

NEUTRAL CITATION NO. 2026:MPHC-IND:6264
2 CRR-5036-2025
of Probation Officer dated 09.05.2025 met out the conditions of proviso to

Section 12 of the J. J. Act, 2015.
03. Challenging the impugned order this criminal revision has been
preferred on the ground that the applicant is innocent and falsely been
implicated in this case and the trial Court as well as the Appellate Court did
not consider the Section 12 of the J.J. Act, 2015. Thus, it is submitted that
the revision may be allowed, and the impugned orders be set aside.
04. Learned counsel for the State has opposed the criminal revision
and prayed for its dismissal.
Heard.
05. Perused the social investigation report of Law-cum-Probation
Officer.
06. The report was called from the trial Court and trial Court reported
that the case is being tried by the Second Additional Sessions Judge,
Neemuch/ Children's Court as ST No.34/2025 and prosecution have
proposed eight witnesses but did not produce any witness. It further reported
that in this case, the charges were framed on 07.10.2025 and case was fixed
for prosecution evidence first time for 13.10.2025 but no witness was kept
present. CBN has submitted its compliance report through Document
No.2502/2026 that summons were issued by Juvenile Justice Board,
Neemuch to the local police so that they could not receive the summons.
07. The explanation of the CBN is not proper because the trial is not
being conducted before the J.J. Board, Neemuch but it is being conducted
before the Second Additional Sessions Judge, Neemuch/ Children's Court.
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 10-03-2026
19:55:36

NEUTRAL CITATION NO. 2026:MPHC-IND:6264
3 CRR-5036-2025
Even the child in conflict with law is tried as adult before the Children's

Court, then also he does not cease to be a child. The approach of trial Court
that no time limit was fixed by the High Court does not reflect the sensitivity
of Children's Court to deal with these cases on priority. Due to this approach,
the Court was bound to give opportunity to the child in conflict with law for
th
appearance in Class - XII Final Board Examinations. The ground of delay
in trial is also available to child in conflict with law.
08. After dismissal of CRR No.1667/2025 on 17.05.2025 and framing
of charges on 07.10.2025 and fixing the case for evidence on 13.10.2025 but
non-examining any witness amounts to deprive the child in conflict with law
from procedural safeguards. There are public prosecutors, police personnel
to ensure issuance of summons and ensuring the presence of witness in the
trial court but no one exhibits the sensitivity, they must be answerable to the
system. There non-responsiveness cannot be at the cost of rights of child in
conflict with law and above facts have provided the child in conflict with
law a right to succeed through this second revision petition.
09. In view of above, this revision is allowed and the impugned order
is hereby set aside and it is directed that the juvenile shall be released on bail
and handed over to the custody of his guardian on furnishing a personal bond
of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like
amount to the satisfaction of the Juvenile Justice Board, Neemuch subject to
the condition that the guardian of the juvenile shall keep watch over him
during the period of his release and will secure the admission of the child in
conflict with the law in the School. The Probation Officer will assist in
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 10-03-2026
19:55:36

NEUTRAL CITATION NO. 2026:MPHC-IND:6264
4 CRR-5036-2025
getting admission of the child in conflict with the law in the school. The

guardian of the juvenile shall keep him present on each and every date of
appearance before the Juvenile Justice Board and shall not allow the minor to
come into association with any known/unknown criminals and further ensure
that his release shall not defeat the ends of justice in any manner.
10. It is further directed that Probation Officer shall periodically keep
vigilance over the child conflicted with law and observe his activities and in
the event of any adversity noticed by him, he shall inform the Juvenile
Justice Board and the Board after proper enquiry if found the activities of the
conflicted child adverse to law may send the juvenile to child reformation
centre and in such condition this order regarding granting of child custody
shall stand automatically cancelled without further reference to this Court.
11. In the result, this revision petition stands allowed and disposed of
in the manner indicated herein above.
(GAJENDRA SINGH)
JUDGE
Vatan

Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 10-03-2026
19:55:36