Child In Conflice With Law vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:29793
1 CRR-4522-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE ALOK AWASTHI
rd
ON THE 23 OF OCTOBER, 2026
CRIMINAL REVISION No. 4522 of 2026
CNR No.: MPHC020401912026
CHILD IN CONFLICE WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Chinmay Kalgaonkar, learned counsel for the applicant.
Ms. Usha Chouhan, learned Govt.Advocate for the respondent/State.
ORDER
Heard.
This criminal revision under Section 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
th
guardian/mother against the order dated 18.09.2026 passed by the 5
Additional Sessions Judge & Special Judge (POCSO Act, 2012), District
Indore, in Criminal Appeal No.368/2026, whereby the Appellate Court has
affirmed the order dated 21.08.2026 passed by the Principal Magistrate,
Juvenile Justice Board, Indore, rejecting the application under Section 12 of
the JJ Act in Crime No.302/2026 registered at Police Station Sanyogitaganj,
District Indore, for the offence punishable under Section 109(1), 296, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 24-10-2026
10:17:34

NEUTRAL CITATION NO. 2026:MPHC-IND:29793
2 CRR-4522-2026
Act, 1959.

2. Facts giving rise to the instant revision are that on 14.7.2026
complainant Kunal Raikwar was informed by a friend that another Child in
Conflict with Law, the co-accused juvenile was harassing a girl known to
him. On 15.7.2026 at about 12.00 noon, the complainant alongwith his friend
Mayank Raikwar went near Bombay Bakery, Ushaganj Chhawani to
confront Y and an altercation ensued between the parties, in the course of
which the applicant is alleged to have caused injury to the complainant
Kunal Raikwar and Mayank Raikwar with knife. The report was lodged for
the aforesaid offences. An application under Section 12 of the JJ Act for
release on bail/supurdaginama was filed on his behalf, which came to be
rejected by the Board vide order dated 21.8.2026. The appeal preferred under
Section 101 of the JJ Act was dismissed by the Appellate Court vide
impugned order.
3. Learned counsel for the petitioner submits that the Board as well as
the Appellate Court have failed to properly appreciate the mandatory
provisions of Section 12 of the JJ Act. There is no material on record 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
criminal antecedents. His mother is ready and willing to take him on
supurdaginama and keep him under proper control. Continued detention in
the Observation Home is contrary to the rehabilitative object of the JJ Act
and is detrimental to the child’s future. The only allegation against the child
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 24-10-2026
10:17:34

NEUTRAL CITATION NO. 2026:MPHC-IND:29793
3 CRR-4522-2026
in conflict of law is to cause injury. Hence, the revision deserves to be

allowed.
4. Per contra, learned Government Advocate for the respondent/State
has opposed the prayer by supporting the impugned orders.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Admittedly, the child was 17 years of age at the time of the
incident. As per Section 12 of the JJ Act, the bail can be refused if there
appears reasonable ground for believing that the release is likely to bring that
person into association with a known criminal. There is no material to
believe that the release is likely to bring the child into association with any
known criminal.
7. In such circumstances, this Court has no hesitation to hold that the
Courts below have erred in law by not releasing the child on bail.
8. Considering the totality of the facts and circumstances of the case, I
deem appropriate to allow the present criminal revision. Accordingly, the
impugned orders passed by the Courts below are set aside.
9. The applicant/child in conflict with law is directed to be released
on bail and handed over to the custody of his mother upon furnishing
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, Indore, subject to the condition
that mother of the child shall keep watch over him during the period of his
release and keep him present on each and every date of appearance before
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 24-10-2026
10:17:34

NEUTRAL CITATION NO. 2026:MPHC-IND:29793
4 CRR-4522-2026
the Board and shall not allow the child 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 and shall also abide by the conditions as
imposed by the concerned Board.
10. It is further directed that the Probation Officer shall periodically
keep vigilance over the child in conflict with law and observe his activities.
If the condition of the bail is violated, the bail shall remain cancelled
automatically.
11. With the aforesaid, criminal revision stands allowed and disposed
of.
12. A copy of this order be sent to the concerned Board for necessary
compliance.
Certified copy, as per Rules.
(ALOK AWASTHI)
JUDGE
patil

Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 24-10-2026
10:17:34