Child Conflict With Law vs State Of Madhya Pradesh Through P.S.

NEUTRAL CITATION NO. 2026:MPHC-IND:29645
1 CRR-4519-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE ALOK AWASTHI
nd
ON THE 22 OF OCTOBER, 2026
CRIMINAL REVISION No. 4519 of 2026
CNR No.: MPHC020401772026
CHILD CONFLICT WITH LAW
Versus
STATE OF MADHYA PRADESH THROUGH P.S.
Appearance:
Shri Manish Yadav, learned counsel for the petitioner.
Shri Ambuj Patel, 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 15.09.2026 passed by the 5
Additional Sessions Judge & Special Judge (POCSO Act, 2012), District
Indore, in Criminal Appeal No.343/2026, whereby the Appellate Court has
affirmed the order dated 24.06.2026 passed by the Principal Magistrate,
Juvenile Justice Board, Indore, rejecting the application under Section 12 of
the JJ Act in Crime No.386/2026 registered at Police Station Heera Nagar,
District Indore, for the offence punishable under Section 103(1), 109(1),
115(2), 296(B), 351(3) & 3(5) of the BNS.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 22-Oct-26
6:05:29 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:29645
2 CRR-4519-2026
2. Facts giving rise to the instant revision are that as per an oral

complaint made by the complainant that complainant and Manish was
coming at about 12:10 on 30.04.2026 and when they reached at Shri
Geetashri Studio, Sukhliya, Indore, they saw that Rishabh and others
including present juvenile were quarrelling with each other. When Manish
intercepted them, they all started to abuse him. When Manish tried to stop
them, they assaulted him with the intention to kill by means of knife. The
others have assaulted Manish by stone also. Due to which, bleeding started.
On the basis of said offence, an FIR bearing Crime No. 386/2026 was
registered. 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 24.06.2026. 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
in conflict of law is to cause injury by stone. Investigation is still pending.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 22-Oct-26
6:05:29 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:29645
3 CRR-4519-2026
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
the Board and shall not allow the child to come into association with any
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 22-Oct-26
6:05:29 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:29645
4 CRR-4519-2026
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
Vindesh
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 22-Oct-26
6:05:29 PM