IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH

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ON THE 28 OF NOVEMBER, 2025 CRIMINAL REVISION No. 4722 of 2025 CHILD IN CONFLICT WITH LAW Versus THE STATE OF MADHYA PRADESH Appearance:

Mr. Omprakash Solanki - Advocate for the petitioner.

Mr. Rajesh Joshi appearing on behalf of Advocate General[r-1]. Mr. Mohit Pandya, learned counsel for the respondent [COMP].

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 07.07.2025 in criminal appeal No.153/2025 by the learned Second Additional Session Judge, Indore, District Indore arising out of order dated 02.06.2025 by the Principal Magistrate, Juvenile Justice Board, Indore whereby the application of child in conflict with law apprehended in connection with crime no.46/2025 under sections 109, 351(2) and 3(5) of the IPC & 25 of the Arms Act registered at police station Chandrawatiganj, District Indore for release on bail under section 12 of the Act of 2015 has been rejected.

2. Facts in brief are that on 13.05.2025 informant Mansoor Patel lodged Dehati Nalisi that on 13.05.2025 at about 09:30 pm he went to the house of Mushtaq to collect the money of land transaction, when he returned to home and reached near the field of Mangu Seth, at that time, child in conflict with law alongwith other accused persons have throne Chilli powder over him and assaulted him. The allegation against the child in conflict with law is that he assaulted to Mansoor Patel by iron tommy on the head. Mansoor Patel informed the incident to his son Sahil on phone. On this Sahil, Sadik came their and saved him. On this information, police registered the case. During investigation, child in conflict with law arrested on 15.05.2025. The application under section 12 of the Act f 2015 was preferred and the same was rejected by the Juvenile Justice Board, Indore 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.

3. 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 15.05.2025. 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. Child is innocent and there is no other criminal record of the child in conflict with law. Thus, it is submitted that the revision may be allowed, and the impugned orders be set aside.

4. Learned counsel for the State as well as objector have opposed the criminal revision and prayed for its dismissal.

Heard.

5. Perused the social investigation report dated 18.11.2025 received from the Principal Magistrate, JJ Board, Indore.

6. The social investigation report of Legal-cum-Probation Officer, Woman and Child Welfare Department, Indore and report dated 18.11.2025 produced before this court mentions that there is no previous exposure of the child in conflict with law to criminal activity.

7. 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 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 peri