Madhya Pradesh High Court
Child Under Conflict With Law vs The State Of Madhya Pradesh on 19 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:26458
1 CRR-1437-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 19th OF JUNE, 2025
CRIMINAL REVISION No. 1437 of 2025
CHILD UNDER CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Makbool Khan - Advocate for the applicant.
Shri Himanshu Tiwari - Panel Lawyer for the respondent/State.
ORDER
This first criminal revision under Section 438/442 of BNSS, 2023 r/w
Section 102 of the Juvenile Justice (Care and Protection of Children) Act,
2015 has been preferred by the applicant being aggrieved by order dated
17.03.2025 passed by the Second Additional Sessions Judge, Narsinghpur in
Criminal Appeal No.42/2025.
2. The present applicant has been arrested on 12/02/2025 in Crime
No.120/2025 registered at Police Station-Kareli, District Narsinghpur (M.P.)
for the offence punishable under Sections 332, 64(1), 70(1), 138 and 109 of
BNS, 2023.
3. Learned counsel for the applicant has submitted that the name of
the delinquent child has not found place in the FIR that was recorded as
No.0/2025 on 11.02.2025. The same fact also does not find place in the FIR
and the victim in her statement firstly told that the applicant was standing out
NEUTRAL CITATION NO. 2025:MPHC-JBP:26458
2 CRR-1437-2025
of her house to guard when the co-accused committed sexual assault on her
and on that basis, the delinquent child has been arrested under Sections
64(1) and 70(1) of BNS, 2023. The Juvenile Board has dismissed the bail
application only on the basis of severity of the offence and the Appellate
Court has also dismissed bail application. Hence, in form of revision, this
bail application has been filed.
4. Learned counsel for the State has submitted that the applicant has
no criminal record and as per the Probation Officer Report, it is also alleged
that applicant is semi literate and he is working as mechanic of motorcycle
and he is aged about 17 years.
5. Heard the counsel for the parties and perused the record.
6. The Juvenile Justice Board as well as Appellate Court has dismissed
the bail application only on the basis of severity of the offence and that the
applicant is in association with the criminals. Looking to the provision of
Juvenile Justice (Care and Protection of Children) Act, 2015 as per the
Section 12 of the Act, the bail would be dismissed only on the ground that 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. There is no criminal record against the
juvenile child and no active participation at first instance was reported.
7. Looking to the above facts and circumstances, this Criminal
Revision is allowed. The judgment dated 17/03/2025 passed in Cr.A.
No.42/2025 by Second Additional Sessions Judge, District Narsinghpur, and
NEUTRAL CITATION NO. 2025:MPHC-JBP:26458
3 CRR-1437-2025
the order dated 05.03.2025 passed by Principal Magistrate, Juvenile Justice
Board, Narsinghpur in connection with Crime No.120/2025 are hereby set-
aside.
8. Learned Juvenile Board is directed to release the juvenile on bail
upon furnishing a personal bond to be executed by his father in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with the solvent surety bond of
the same amount to the satisfaction of the trial Court i.e. Juvenile Court
which may fix a condition apart from the above, as it deems fit to release the
juvenile in the custody of his father till the disposal of case. The father of the
juvenile is also directed to take proper care by ensuring that the juvenile shall
not come in association with any known criminals or expose himself to
moral, physical or psychological danger so that his release would not defeat
the ends of the justice. In violation of any condition, which is imposed by
this Court as well as by the Juvenile Court, this order shall be treated as
cancelled and the Juvenile Court would take action as per the law.
9. Accordingly, the criminal revision stands disposed of.
10. A copy of this order be sent to the concerned Juvenile Justice
Board for information and compliance.
(DEVNARAYAN MISHRA)
JUDGE
VB*
