Madhya Pradesh High Court
Child In Conflict With Law vs The State Of Madhya Pradesh on 13 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:21977
1 CRR-3546-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 13th OF AUGUST, 2025
CRIMINAL REVISION No. 3546 of 2025
CHILD IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rishiraj Trivedi - Advocate for the petitioner.
Shri Jayesh Yadav - Govt. Advocate for the respondent/State.
ORDER
This criminal revision under Section 102 of the Juvenile Justice (Care
and Protection of Children) Act, 2015 (hereinafter for short referred as, 'Act
of 2015') has been preferred challenging the judgment dated 03.07.2025 in
Cr.A.No.114/2025 passed by the Children's Court, 6 th ASJ, Ujjain whereby
the order dated 17.06.2025 passed by Principal Magistrate, Juvenile Justice
Board, Ujjain has been upheld. The Principal Magistrate, Juvenile Justice
Board has rejected the application for grant of custody of the Juvenile.
2 . As per the prosecution case, the complainant filed a complaint of
theft at Police Station Panwas, Ujjain.
3 . Challenging the impugned order this criminal revision has been
preferred on the ground that the applicant is innocent and falsely been
implicated in this case. He has not committed any offence. He is in custody
since 30.05.2025. There is no direct evidence of his involvement in the
NEUTRAL CITATION NO. 2025:MPHC-IND:21977
2 CRR-3546-2025
crime. The courts below have failed to appreciate that the juvenile may
appear to be guilty prima facie but he is specially protected by the Act and is
favorably considered for grant of bail. Considerations in deciding the
application under Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 has not been discussed. Child is innocent and there is no
other criminal record of the child in conflict with law. Thus, it is submitted
that the revision may be allowed, and the impugned orders be set aside.
4 . Learned counsel for the respondent/State has opposed the criminal
revision and prayed for its dismissal.
Heard.
5 . The mandate of Section 12 of Act of 2015 is the only mandate,
which is to be seen at the time of giving minor in the custody of his parents
or guardian. No such danger is apparent.
6 . Accordingly, the present revision petition is allowed and the
impugned judgment dated 03.07.2025 and impugned order 17.06.2025 are
hereby set aside and it is directed that the juvenile shall be released on bail
and handed over to the custody of his guardian on furnishing a personal bond
of Rs.75,000/- (Rupees Seventy five thousand only) with one solvent surety
in the like amount to the satisfaction of the Juvenile Justice Board, Ujjain
subject to the condition that the Guardian of the juvenile shall keep watch
over him during the period of his release and keep him present on each and
every date of appearance before the Juvenile Justice Board and shall not
allow the minor to come into association with any known/unknown criminals
and further ensure that his release shall not defeat the ends of justice in any
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3 CRR-3546-2025
manner.
7 . It is further directed that Probation Officer shall periodically keep
vigilance over the child conflicted with law and observe his activities and in
the event of any adversity noticed by him, he shall inform the Juvenile
Justice Board and the Board, after proper enquiry, if found the activities of
the conflicted child adverse to law, may send the juvenile to Child
Reformation Center and in such condition, this order regarding granting of
child custody shall stand automatically cancelled without further reference to
this Court.
8. Resultantly, this revision petition stands allowed and disposed of in
the manner indicated herein-above, thereby setting aside the impugned
orders.
Certified copy as per Rules.
(GAJENDRA SINGH)
JUDGE
VS
