Child In Conflict With Law Through His Natural Guardian Father Shiv Singh Baghel vs The State Of Madhya Pradesh Through Police Station

NEUTRAL CITATION NO. 2026:MPHC-GWL:34247
1 CRR-4855-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
th
ON THE 6 OF NOVEMBER, 2026
CRIMINAL REVISION No. 4855 of 2026
CNR No.: MPHC030301562026
CHILD IN CONFLICT WITH LAW THROUGH HIS NATURAL
GUARDIAN FATHER SHIV SINGH BAGHEL
Versus
THE STATE OF MADHYA PRADESH THROUGH POLICE STATION
Appearance:
Shri Anand Purohit - Advocate for the petitioner.
Shri Atul Sharma - PP for the respondent/State.
Shri Akram Khan - Advocate for the complainant.
ORDER
1. This criminal revision (First) has been filed under Section 102 of
the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity
'the Act') against the order dated 22.10.2026 passed by the Special Judge
(POCSO Act), Distt. Datia, in Criminal Appeal No.154/2026 by which, the
order dated 09.10.2026 passed by the Principal Magistrate, Juvenile Justice
Board, Datia, (M.P.) has been affirmed thereby rejecting the appeal for bail
moved on behalf of the revisionist for offence registered at Crime No.490 of
2026 at Police Station Kotwali, Datia, for the offence under Sections 64(1),
351(3), 137(2), 3(5) of BNS and Sections 3/4 of the POCSO Act. Earlier no
other revision has been pending before this Hon'ble Court or Apex Court.
2. Learned counsel for the revisionist submitted that the petitioner is
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 06-11-2026
17:47:55

NEUTRAL CITATION NO. 2026:MPHC-GWL:34247
2 CRR-4855-2026
innocent and has been falsely implicated in the case. As per the prosecution,

petitioner, who is a neighbour of the prosecutrix, was suspected of having
enticed her away. The petitioner is in custody since 21.09.2026. It is further
submitted that the MLC does not indicate any evidence of sexual assault or
rape and that the petitioner has no criminal antecedents. Both parties were
previously known to each other. Furthermore, it is contended that, in her
statement recorded under Section 183 of the BNSS, the prosecutrix
categorically stated that she had left her home voluntarily, no wrongful act
had been committed against her by anyone and she had not been enticed
away by anyone. Furthermore, the report of the Probation Officer is positive
and in favour of the petitioner. It is further submitted that no ground as
provided in proviso to Section 12 of the Act is made out to deny bail to the
petitioner. It is further submitted that mother of the petitioner undertakes to
take proper care, impart him good education and keep him away from the
criminal activities. On these grounds, it is prayed that the petitioner may be
released on bail.
3 . Per contra, learned Public Prosecutor as well as the complainant
opposed the revision petition and prayed for its dismissal.
4. Heard learned counsel for the parties and perused the case diary.
5. Taking into consideration the facts and circumstances of the case,
it is not in dispute that on the alleged date of incident, the petitioner was
minor. Section 12 of the Act reads as under :-
"12. Bail to a person who is apparently a child alleged
to be in conflict with law:- (1) When any person, who is
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 06-11-2026
17:47:55

NEUTRAL CITATION NO. 2026:MPHC-GWL:34247
3 CRR-4855-2026
apparently a child and is alleged to have committed a

bailable or non-bailable offence, is apprehended or detailed
by the police or appears or brought before a Board, such
person shall, notwithstanding anything contained in the Code
of Criminal Procedure, 1973 or in any other law for the time
in force, 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:
Provided that such person shall not be so released if
there appears reasonable grounds for believing that the
release is likely to bring that person into association with any
known criminal or expose the said person to moral, physical
or psychological danger or the person's release would defeat
the ends of justice, and the Board shall record the reasons for
denying the bail and circumstances that led to such a
decision."
6. Having carefully examined the provisions of the Act vis-a-vis the
orders passed by the Courts below as well as the report of the Probation
Officer, I do not find any of the exceptional circumstances to decline bail to
the juvenile-petitioner.
7. In view of the aforesaid, this revision is allowed and the order
dated 22.10.2026 passed by the Special Judge (POCSO Act), Distt. Datia in
Criminal Appeal No.154/2026 and the order dated 09.10.2026 passed by the
Principal Magistrate, Juvenile Justice Board, Datia, are hereby set aside.
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 06-11-2026
17:47:55

NEUTRAL CITATION NO. 2026:MPHC-GWL:34247
4 CRR-4855-2026
8. It is ordered that the juvenile- petitioner shall be handed over to

the custody of his natural guardian (father) on furnishing a personal bond by
his father in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) along
with one solvent surety to the satisfaction of the Juvenile Justice
Board/Court, Datia, with the condition that as and when directed the
petitioner-juvenile shall appear before the said Board or Court concerned
during pendency of the case and his guardian shall keep proper care of the
delinquent juvenile- petitioner and keep him away from the company of
known criminals and the petitioner shall not involve in other offence during
pendency of trial.
9 . It is further directed that the juvenile-petitioner shall not be the
source of embarrassment and harassment to the complainant
party/prosecutrix in any manner. He shall not try to contact the prosecutrix
either in person or through somebody else or through digital/electronic
mode. Otherwise, benefit of bail given today shall be withdrawn
immediately.
10. Copy of this order be sent to the Juvenile Justice Board/Court
concerned for information and compliance.
CC as per rules.
(PUSHPENDRA YADAV)
JUDGE
(Dubey)

Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 06-11-2026
17:47:55