Child In Conflict With Law vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:30095
1 CRR-3671-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE ALOK AWASTHI
th
ON THE 27 OF OCTOBER, 2026
CRIMINAL REVISION No. 3671 of 2026
CNR No.: MPHC020338342026
CHILD IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah, Advocate for the applicant.
Shri Bhaskar Agrawal, Government Advocate for the non-
applicant/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/father against
th
the against the order dated 11.07.2026 passed by the 6 Additional Sessions
Judge, Ratlam in Criminal Appeal No.160/2026, whereby the Appellate
Court affirmed the order dated 02.07.2026 passed by the Principal
Magistrate, Juvenile Justice Board, Ratlam in Crime No.150/2026 registered
at Police Station Shivgarh, District Ratlam for commission of offence u/S
126(2), 309(4), 309(6) and 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: GEETA PRAMOD
Signing time: 27-10-2026
18:19:40

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2. Facts giving rise to the instant revision are that on 12.06.2026 at

about 10:00 PM, the complainant Sunil alongwith his wife Savita Machaar
were going towards Village Kherkhunta. When they reached near 8-Lane
Bridge, four unknown persons came on a motorcycle. One of them threw
chilli powder on the face of the complainant and the remaining three persons
snatched the silver ornaments of his wife and fled away. On the basis of the
report, Crime No.150/2026 was registered. During investigation, the present
child in conflict with law and co-accused persons were arrested and
produced before the Juvenile Justice Board. The child was sent to the
Observation Home, Ratlam on 17.06.2026. An application under Section 12
of the JJ Act was filed on behalf of the child which was rejected by the
Principal Magistrate on 02.07.2026. The appeal preferred under Section 101
of the JJ Act was also dismissed by the Additional Sessions Judge on
11.07.2026. 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
release would defeat the ends of justice. The child has no previous criminal
antecedents. He has been in the Observation Home since 17.06.2026. 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
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
18:19:40

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3 CRR-3671-2026
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 father.
4. Per contra, learned Government Advocate for the
respondent/State opposed the revision and supported the orders of the Courts
below. It was submitted that the child alongwith adult co-accused persons
actively participated in a serious offence involving use of chilli powder and
robbery of ornaments. The Social Investigation Report indicates lack of
proper parental control and association with undesirable company. 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 02.07.2026 and the appellate order dated 11.07.2026.
6. It is not in dispute that the child was below 18 years of age
(approximately 17 years and 5 months) 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 person. The proviso to Section
12(1) carves out three limited exceptions:-
(i) if there appears reasonable ground for believing that the release is
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
18:19:40

NEUTRAL CITATION NO. 2026:MPHC-IND:30095
4 CRR-3671-2026
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. His father is engaged in agriculture.
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
circumstances enumerated in the proviso to Section 12(1) are not clearly
made out. Prolonged detention of a child in an Observation Home,
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
18:19:40

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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/father 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 father to the
satisfaction of Principal Magistrate, Juvenile Justice Board, Ratlam, subject
to the following conditions:-
(i) The father shall keep the child under his continuous care,
supervision and control and shall not allow him to come into association
with any known or unknown criminals;
(ii) The father 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
leave the jurisdiction of the Board without prior permission;
(iv) The father shall ensure that the release of the child does not defeat
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
18:19:40

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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, Ratlam and the Superintendent of the
Observation Home, Ratlam 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
gp
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
18:19:40