Child In Conflict With Law vs State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:30111
1 CRR-3824-2026
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. 3824 of 2026
CNR No.: MPHC020348882026
CHILD IN CONFLICT WITH LAW
Versus
STATE OF MADHYA PRADESH
Appearance:
Shri Dharmendra Gurjar, 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 the against the order
th
dated 20.08.2026 passed by the 5 Additional Sessions Judge & Special Judge
(POCSO Act), Indore in Criminal Appeal No.322/2026, whereby the Appellate
Court affirmed the order dated 06.08.2026 passed by the Principal Magistrate,
Juvenile Justice Board, Indore in Crime No.386/2026 registered at Police Station
Heeranagar, District Indore for commission of offence u/S 103(1), 109(1), 115(2),
296-B, 351(3) and 3(5) of the BNS, 2023 and Section 3(2)(v) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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.
2. Facts giving rise to the instant revision are that the child in conflict with
law was taken into custody in connection with the aforesaid crime and has been
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
16:57:44

NEUTRAL CITATION NO. 2026:MPHC-IND:30111
2 CRR-3824-2026
lodged in the Observation Home, Indore since 01.05.2026. An application under

Section 12 of the JJ Act was filed on his behalf which came to be rejected by the
Principal Magistrate, Juvenile Justice Board, Indore on 06.08.2026 primarily on
the basis of the Social Investigation Report. The appeal preferred under Section
101 of the JJ Act was dismissed by the Additional Sessions Judge on 20.08.2026.
Hence the present revision.
3. Learned counsel for the applicant submitted that the Courts below have
rejected the application without properly applying 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 previous criminal antecedents. He is a student of
Class 12 and has been in the Observation Home continuously since 01.05.2026.
The father is engaged in dairy business and is ready and willing to take the child
under his care and supervision and to ensure his presence before the Board. The
continued detention of the child for more than three months is contrary to the
rehabilitative object of the JJ Act. It was 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 non-
applicant/State opposed the revision and supported the orders of the Courts
below. It was submitted that the Social Investigation Report indicates that the
neighbourhood is predominantly of less-educated labour class and that releasing
the child at this stage may expose him to undesirable company and other risks. The
offences are serious in nature and he has criminal antecedents. Hence the revision
deserves to be dismissed.
5. I have heard learned counsel for the parties and carefully perused the case
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
16:57:44

NEUTRAL CITATION NO. 2026:MPHC-IND:30111
3 CRR-3824-2026
diary, the Social Investigation Report, the order of the Juvenile Justice Board dated

06.08.2026 and the appellate order dated 20.08.2026.
6. It is not in dispute that the child was below 18 years of age
(approximately 17 years) 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 only 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 sufficient ground to deny bail under the JJ Act.
8. A perusal of the Social Investigation Report shows that the child is
studying in Class 12, his father is engaged in dairy business, and the family
education level is medium. The Report does note the character of the
neighbourhood and suggests that some protective custody may be appropriate.
However, it does not record any previous criminal antecedents of the child or any
specific material indicating that he is a hardened offender or that his release is
likely to bring him into association with known criminals. No recovery remains
pending from the child. The child has already remained in the Observation Home
for more than three and a half months.
9. The Juvenile Justice Board and the Appellate Court have primarily relied
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
16:57:44

NEUTRAL CITATION NO. 2026:MPHC-IND:30111
4 CRR-3824-2026
upon the observations in the Social Investigation Report regarding the surrounding

environment and the possibility of the child falling into undesirable company.
While such concerns are relevant, the statutory scheme of the JJ Act does not
permit denial of bail solely on generalised observations when the three exceptional
circumstances enumerated in the proviso to Section 12(1) are not clearly and
specifically made out. Prolonged detention of a Class-12 student in an Observation
Home, particularly when the natural guardian is ready to take full responsibility,
runs counter to the rehabilitative and reformative 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 the father
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) with one solvent surety in the like amount to the satisfaction of the Principal
Magistrate, Juvenile Justice Board, Indore, 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;
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 27-10-2026
16:57:44

NEUTRAL CITATION NO. 2026:MPHC-IND:30111
5 CRR-3824-2026
(iv) The father 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, Indore and the Superintendent of the
Observation Home, Indore 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
16:57:44