Child In Conflict With Law vs State Of MP

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 03.02.2026 in criminal appeal No.69/2026 by the Juvenile Court, 6th ASJ, Ujjain arising out of order dated 23.01.2026 by the Juvenile Justice Board, Ujjain whereby the application of child in conflict with law apprehended in connection with crime no.151/2025 under sections 103(1), 296, 115(2), 3(5) of the BNSS, 2023 registered at police station Kotwali, District Ujjain for release on bail under section 12 of the Act of 2015 has been rejected.

Brief facts of the prosecution case are that, upon a dispute, the applicant along with other co-accused assaulted the deceased. Pursuant thereto, the police authorities of Police Station Kotwali, District Ujjain, registered a criminal case against the present applicant under Sections 103(1), 296, 115(2) and 3(5) of the BNS. During investigation, child in conflict with law arrested on 22.10.2025. The revision petitioner was apprehended before the Principal Magistrate J.J. Board, Ujjain, but the Magistrate has rejected the application under section 12 of the JJ Act, 2015.

The order was challenged through section 101 of the JJ Act, 2015 and the Juvenile Court, Ujjain, dismissed the appeal filed by the child in conflict with law and rejected the prayer for his release on bail, recording its finding in paragraph 14 of the judgment dated 03.02.2026, which is reproduced hereinbelow:

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 is in custody since 22.10.2025. 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. Thus, it is submitted that the revision may be allowed, and the impugned orders be set aside.

Learned counsel for the State has opposed the criminal revision and prayed for its dismissal.

Heard.

Perused the social investigation report of Law-cum-Probation Officer.

The Social Investigation Report placed before this Court submitted by the Law-cum-Probation Officer, Ujjain dated 02.03.2026 have reported in favour of child in conflict with law on supurdgi with precaution that he is advised to maintain the distance from companion and he be engaged in community service. The finding of the children's court indicate that only reason for rejecting the appeal was that the friends of the child in conflict with law are comparatively older than petitioner/child in conflict with law.

The findings of the JJ Board, Ujjain and Children Court, Ujjain are not in conformity with the Social Investigation Report and fundamental principles of JJ Act, 2015 that institutional care is step of last resort. Accordingly, 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, Ujjain subject to the condition that the guardian of the juvenile shall keep watch over him during the period of his release and will secure the admission of the child in conflict with the law in the School. The Probation Officer will assist in getting admission of the child in conflict with the law in the school. The guardian of the juvenile shall 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.