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Madhya Pradesh High Court
Child Inconflict With Law (Minor) Under ... vs The State Of Madhya Pradesh on 23 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10059
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 23rd OF MARCH, 2026
CRIMINAL REVISION No. 494 of 2026
CHILD INCONFLICT WITH LAW (MINOR) UNDER GUARDIANSHIP
FATHER SUNEEL PUROHIT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Kumar Vyas - Advocate for applicant.
Shri Brajesh Kumar Tyagi - Public Prosecutor for the State.
Ms. Pratika Pathak - Advocate for complainant.
ORDER
1. The criminal revision petition has been filed by the applicant under
Section 102 of the Juvenile Justice (Care and Protection of Children) Act,
2015 (for short "the Act") against the judgment dated 28/01/2026 passed by
Juvenile Court/Special Judge (POCSO Act) and the First Additional Session
Judge, District Datia (M.P.) in Criminal Appeal No. 06/2026, whereby the
order dated 14/01/2026 passed by the Juvenile Justice Board, District Datia,
has been affirmed, thereby rejecting the application under Section 12 of the
Act, moved on behalf the revisionist for offences under Sections 103(1), 126
(1), 296 (A) and Section 3(5) of BNS, registered at Crime No. 02/2026, at
Police Station - Civil Line, District - Datia (M.P.).
2. Learned counsel for the applicant/accused submits that the report
received from the Probation Officer indicates that the possibility of the
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applicant recovering from wrong company cannot be ruled out and has,
therefore, recommended handing over the applicant, a child in conflict with,
for counselling, etc. That apart, he submits that the allegation against the
present applicant and another co-accused, namely Akshay Nicharele, who is
major, is identical, being that of exhortation to the main accused to use
firearm on the deceased. The regular bail application filed by co-accused,
Akshay Nicharele, bearing M.Cr.C.No.11657/2026, has been allowed by this
Court vide order dated 18.03.2026, and therefore, on principles of parity as
well, the applicant is entitled for enlargement on bail. The father of the
applicant is ready to give an undertaking that if juvenile delinquent is
released on bail, he will keep him in his custody and look after him properly
and has assured on behalf of the juvenile that he is ready to cooperate with
the process of law and shall make the juvenile available before the Juvenile
Justice Board whenever required and is ready to accept all the
conditions whatsoever imposed by the Court upon him. It is further
submitted that Juvenile Justice Board as well as appellate Court have not
properly appreciated and passed the impugned order and appeal judgement in
a cursory manner without considering the object of the law enacted for the
benefit of the Juvenile and have refused to release the applicant on bail. It is
submitted that a perusal of the impugned orders demonstrates that same has
been passed on flimsy ground which have occasioned gross miscarriage of
justice. The judgement and order passed by the learned Courts below are
erroneous and bad in law and are based on erroneous appreciation of facts.
3. On the other hand, learned counsel appearing for the State as well as
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the counsel appearing for the objector vehemently opposed the bail
application and supported the impugned judgment and orders passed by the
Courts below. They further submit that there is every possibility that if
juvenile is released, he may come into contact with the known criminals and
may get expose to moral, physical, or psychological danger. Therefore, it is
prayed that considering the gravity of the offence, present criminal revision
filed by the father of the juvenile be rejected.
4. I have carefully considered the submissions made by learned
counsel for the applicant, learned State counsel as well as the counsel
appearing for the objector and have perused the material available on record.
5 . Section 12 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 reads as under:
"12. Bail to a person who is apparently a child alleged to be in
conflict with law.-
(1) When any person, who is apparently a child and is alleged to
have committed a bailable or non-bailable offence, is apprehended
or detained by the police or appears or brought 6 before a Board,
such person shall, notwithstanding anything contained in the Code
of Criminal Procedure, 1973 or in any other law for the time being in
force, 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:
Provided that such person shall not be so released 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, and the Board shall
record the reasons for denying the bail and circumstances that led to
such a decision."
6. Taking into consideration the report submitted by the Probation
Officer and the order dated 18.03.2026 passed by the Coordinate Bench of
this Court in M.Cr.C.No.11657/2026 filed by the co-accused Akshay
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Nicharele, I do not find any of the exceptional circumstances to decline bail
to the juvenile applicant.
7. In view of the aforesaid, this revision is allowed, and the order dated
28/01/2026 passed by Juvenile Court/Special Judge, District Datia (M.P.) in
Criminal Appeal No. 06/2026 and the order dated 14/01/2026 passed by the
Juvenile Justice Board, District Datia, are hereby set aside.
8. It is ordered that the juvenile- applicant shall be handed over to the
custody of his natural guardian (father) on furnishing a personal bond by his
father in the sum of Rs.50,000/- (Rupees Fifty Thousand only) alongwith
one solvent surety to the satisfaction of the Juvenile Justice Board/Court,
Datia, subject to the following conditions:-
(1) The revisionist/juvenile will cooperate in the investigation/trial, as
the case may be;
(2) The revisionist/juvenile will not indulge himself in extending
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to the
Police Officer, as the case may be;
(3) The revisionist/juvenile shall not commit an offence similar to the
offence of which he is accused.
(4) The revisionist/juvenile will not seek unnecessary adjournments
during the trial.
(5) During bail period, applicant/juvenile will remain in the
supervision of his father and control and juvenile's father shall be responsible
for his maintenance, well being and other activities.
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(6) Father of juvenile shall give an undertaking that upon juvenile's
release on bail, juvenile will not be permitted to go into contact or
association with any known criminal or allowed to be exposed to any moral,
physical, or psychological danger and further that he will ensure that the
juvenile will not repeat the offence.
(7) Juvenile will report to the Probation Officer on the every last date
of the calendar month and Probation Officer will keep a strict vigil on the
activities of the juvenile and regularly draw up his social investigation report
that would be submitted to the J.J. Board, on such a periodical basis as the
Juvenile Justice Board may need it.
(8) Father of juvenile shall also ensure of the appearance of the
Juvenile before J.J. Board on all the dates fixed by it till the final disposal of
the case pending before it.
9. This criminal revision is allowed accordingly.
Certified copy of this order be sent to the Juvenile Justice Board/Court
concerned for information and compliance.
Certified copy as per rules.
(AMIT SETH)
JUDGE
AK/-
