MP High Court Grants Bail To Minor Accused Of Murder, Says Probation Officer's Report Indicates Possibility Of Improvement Under Proper Care
The Madhya Pradesh High Court granted bail to a child-in-conflict with law booked in a murder case, after taking note of the probation officer's report which indicated the possibility of improvement in the conduct of the child under proper carer and family supervision.
The court thus directed the applicant's release and directed handing over custody to the applicant's father on him furnishing personal bond of Rs. 50,000 along with one one solvent surety to the JJB/court's satisfaction, subject to certain conditions.
The applicant had challenged the order of the Session Court affirming Juvenile Justice Board rejecting the application for bail.
The bench of Justice Anand Singh Bahrawat observed;
"This Court has also perused the report submitted by the Probation Officer, which forms part of the record. The said report indicates that the possibility of improvement in the conduct of the child in conflict with law under proper care and family supervision cannot be ruled out.
Taking into consideration the submissions advanced by learned counsel for the parties and upon perusal of the material available on record, this Court is of the view that the applicant is a juvenile and except the gravity of the alleged offence, there is no specific material available on record to demonstrate that the release of the juvenile would bring her into association with known criminals or expose her to moral, physical or psychological danger or that her release would defeat the ends of justice. Therefore, this Court does not find any exceptional circumstance to decline bail to the juvenile applicant".
The juvenile was charged with murder (Section 103(1), attempt to murder (Section 109(1)), voluntarily causing hurt (Section 115(2)), voluntarily causing hurt (Section 118(1)), unlawful assembly (Section 190), and rioting (Section 191(2)) of the BNS.
The counsel for the applicant contended that the applicant has been in custody since April 1, 2026 and bail was denied primarily over the seriousness of the allegations. The counsel argued that Section 12 of the Act mandates the release of a juvenile on bail unless the case falls within statutory exceptions.
The counsel for the State argued that the gravity of the offence and the manner in which the incident took place warranted rejection of bail.
The noted that the bail was rejected considering the gravity of the offence, but there was no other specific material showing that the applicant's release would bring the applicant into association with known criminals or expose the applicant to moral, physical or psychological danger.
Thus, the bench set aside the trial court and JJB's orders and directed the release of the applicant into the father's custody.
Case Title: Child In Conflict v State of Madhya Pradesh, CRR-1704-2026
For Applicant: Advocate Alok Kumar Sharma
For State: Public Prosecutor Dilip Awasthi