Grant of bail to a child in conflict with law under Section 12 of the Juvenile Justice Act, 2015, emphasizing the protective nature of the Act and the use of Social Investigation Reports and probation monitoring to ensure rehabilitation and prevent recidivism.

ORDER

1. 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 11.12.2025 in criminal appeal No.214/2025 by the Special Judge, (POCSO Act, 2012) Ujjain arising out of order dated 19.11.2025 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) and 3(5) of the BNS, 2023 registered at police station Kotwali, District Ujjain for release on bail under section 12 of the Act of 2015 has been rejected.

2. 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 26.10.2025. The application under section 12 of the Act, 2015 was preferred and the same was rejected by the Juvenile Justice Board, Ujjain 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 26.10.2025. 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. Child is innocent. Thus, it is submitted that the revision may be allowed, and the impugned order be set aside.

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

Heard.

5. Perused the social investigation report of Child Welfare Police Officer/Law-cum-Probation Officer.

6. The Social Investigation Report submitted by the Child Welfare Police Officer/Law-cum-Probation Officer, Ujjain, and produced before this Court, mentions that the revision petitioner/child in conflict with law, had previous exposure through an offence registered under Section 307 of the IPC at Police Station Dewasgate, District Ujjain. Upon seeking clarification, it was explained that the aforesaid matter actually pertains to Sections 115, 118(1), 296 and 351(2) of the BNS, 2023, registered as Crime No. 43/24 at Police Station Dewasgate, District Ujjain.

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, 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 ass