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Madhya Pradesh High Court
Child In Conflict With Law vs The State Of Madhya Pradesh on 19 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5198
1 CRR-583-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 19 th OF FEBRUARY, 2026
CRIMINAL REVISION No. 583 of 2026
CHILD IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shobhit Gupta on behalf of Manish Yadav - Advocate for the
petitioner.
Shri Jay Gopal Chouksey - G.A. for the respondent/State.
ORDER
This criminal revision under section 102 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (for short 'the Act of 2015') is preferred being
aggrieved by the order dated 28.01.2026 in criminal appeal No.29/2026 by the
Child Court, VIth Additional Sessions Judge, Ujjain arising out of order dated
19.01.2026 by the Principal Magistrate Juvenile Justice Board, Ujjain whereby the
application of child in conflict with law apprehended in connection with crime
no.17/2026 under sections 296(a), 115(2), 351(3), 133, 3(5), 137(2), 127(2),
196(2), 193 of BNS, 2023 and section 11/12 of POCSO Act, 2012 and Section 75
of J.J. Act registered at police station Panwasa, District Ujjain for release on bail
under section 12 of the Act of 2015 has been rejected.
2. The Children Court and Principal Magistrate, J J Board, Ujjain has found
the case of the revision petitioner under proviso to Section 12 of the JJ Act, 2015
and rejected the prayer of Supurdgi and revision petitioner is before this Court.
3. The revision petitioner is below 16 years and the genesis of the incident of
NEUTRAL CITATION NO. 2026:MPHC-IND:5198
2 CRR-583-2026
Crime No.17/2026 under sections 296(a), 115(2), 351(3), 133, 3(5), 137(2),
127(2), 196(2), 193 of BNS, 2023 and section 11/12 of POCSO Act, 2012 and
Section 75 of J.J. Act is that a girl of accused family have gone with complainant
of this case and complainant again went to the house of that girl. The family
members of the girl is objected the presence of the victim at their home and this
incident took place. It is stated that this child in conflict with was also participated
in the incident though his name was mentioned in the FIR.
4. 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 16.01.2026. Child
is innocent. Thus, it is submitted that the revision may be allowed, and the
impugned order be set aside.
5. Learned counsel for the State has opposed the criminal revision and
prayed for its dismissal.
Heard.
6. Perused the social investigation report of Child Welfare Police
Officer/Law-cum-Probation Officer.
7. The Social Investigation Report submitted by the Child Welfare Police
Officer/Law-cum-Probation Officer, Ujjain, and produced before this Court, does
not discloses that child in conflict with law should be denied the supurdgi. The
Principal Magistrate, JJ Board as well as the Children Court have ignored the
principles that institutional care is to be adopted as a last resort, but they have
passed the order mechanically.
8. Considering the social investigation report, this revision is allowed and
the impugned order is hereby set aside and it is directed that the juvenile shall be
released on bail and handed over to the custody of his guardian/mother on
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3 CRR-583-2026
furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand) 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 manner.
9. 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 centre and in such
condition this order regarding granting of child custody shall stand automatically
cancelled without further reference to this Court.
10. In the result, this revision petition stands allowed and disposed of in the
manner indicated herein above.
(GAJENDRA SINGH)
JUDGE
Vatan
