Child In Conflict vs State Of Madhya Pradesh

Gajendra Singh, J

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 11.11.2025 in criminal appeal No.302/2025 by 29th ASJ, Indore (MP) arising out of order dated 17.10.2025 by the Juvenile Justice Board, Indore whereby the application of child in conflict with law apprehended in connection with crime no.1035/2025 for the offence under sections 115(2), 351(3) and 3(5) of the BNS, 2023 and sections 3/4 of the POCSO Act, 2012 has been rejected.

Brief facts of the prosecution case are that the child in conflict with law was apprehended on 03.10.2025 in connection with crime no.1035/2025 for the offence under sections 115(2), 351(3) and 3(5) of the BNS, 2023 and sections 3/4 of the POCSO Act, 2012 registered at P.S. - Bhawarkuan District Indore (MP).

The Juvenile Justice Board, Indore have rejected the application on the ground that if the child in conflict with law is given on supurdgi, then there is every possibility that his moral, physical and psychological health will be prejudiced and there is a possibility that he will again commit the same kind of offences.

04 . Challenging the order, this revision has been preferred on the ground that the impugned orders are in violation of the provision of section 12 of the Juvenile Justice Act, 2015 and both the Courts have not considered the social investigation report.

Counsel for the State has opposed the petition.

Considered rival submissions.

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 on 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, Indore 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.

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.

In the result, this revision petition stands allowed and disposed of in the manner indicated herein above.