New Delhi [India], April 20 : Dwarka Court on Monday rejected an appeal against bail granted to a minor driver. The mother of the deceased had challenged the bail granted by the Juvenile Justice Board (Board) to the minor on March 10.
While rejecting the appeal, the court held, "It cannot be said that releasing CCL 'A' to bail would defeat ends of justice."
This case pertains to an accident in the Dwarka area in which Sahil Dhaneshra, aged 23, was hit by a car, causing his death.
Additional Sessions Judge (ASJ) Rajat Goyal dismissed the appeal against the bail granted to the minor driver by the JJB after hearing the submissions of counsel for the appellant and minor accused.
While dismissing the appeal, the court said that it cannot be said that releasing CCL 'A' to bail would defeat the ends of justice.
"There is no ground for setting aside the impugned order. Accordingly, the present appeal is hereby dismissed," ASJ Rajat Goyal ordered on April 20.
The court also rejected the contention that CCL 'A' belongs to an affluent and well-connected family and that there is a possibility of CCL 'A' trying to subvert the process of law.
"However, there is no basis for this apprehension of the appellant. Mere apprehension in the mind of appellant to the effect that CCL 'A' or his family might try to influence the course of justice cannot be used to curtail the right of personal freedom of CCL 'A', which right has been granted to him under provisions of JJ Act, 2015," the court observed in the order.
Advocate Lal Singh Thakur appeared for Minor driver.
It was stated that the bail order was passed without application of mind and without appreciating the evidence against the minor.
Inna Makan, mother of the deceased, had challenged the JJB's bail order through advocate Divjot Singh Bhatia, Aman Singh Bakshi, before the Sessions court.
The bail order was challenged on the ground that JJB's Order suffers from gross non-application of mind since the same suffers from gross illegality and infirmity and thus is bad in the eyes of law and requires to be set aside to secure the ends of justice.
It was argued that the JJB has failed to take into account the overwhelming evidence of the crime that is present at this preliminary stage itself.
The petition had stated that the JJB has failed to acknowledge that the minor is a habitual offender, and in all likelihood would continue to commit the same offence.
It was submitted that the offending vehicle has been involved in multiple incidents of speeding, and multiple challans have been issued against this vehicle for speeding and driving without a license.
It is also mentioned that there is a previous challan of 'driving without a license' on the offending vehicle, which proves that the same is being regularly driven by the Minor and that he has complete access to the offending vehicle.
There is also no denial of the fact that at the time of the incident, the minor was the one driving the vehicle, the plea said.
It was submitted that in such circumstances, the repeated involvement of the same vehicle in overspeeding incidents and driving without a license clearly establishes a pattern of reckless and irresponsible conduct, which the JJB failed to properly consider while assessing the likelihood of the Minor repeating such conduct in the future.
It is also mentioned that JJB failed to appreciate the fact that there is no parental control over the accused, and he has had unlimited access to the offending vehicle. This fact has also been stated by the State/IO in its reply to the bail plea.
The parents have failed to restrict the access of the minor to the offending vehicle. Not only does he not possess the license, but the unrestricted access to the offending vehicle is further negatived by the fact that he drives the offending vehicle in a completely reckless manner. He can take joyrides in the offending vehicle, driving recklessly and endangering the lives of people.
It is also asserted that the JJB failed to appreciate that the minor and his 23-year-old sister were recording a reel while driving the offending vehicle at an extremely high speed.
Moreover, after the incident, they attempted to flee the scene, and it is only upon being caught by good Samaritans that they had actually stopped at the scene of the crime, the plea added.
The said conduct ought not to inspire any confidence in the conduct of the minor. It is submitted that in view of the evidence that the said offending vehicle has been involved in accidents and overspeeding consistently, in addition to the conduct of the minor and the fact that it is undeniable that there has been no restriction on the access of the minor to the offending vehicle, there is a reasonable apprehension that he will cause such incidents again and again and endanger the lives of pedestrians and passers-by.
The JJB failed to appreciate that the minor was not acting in isolation. The repeated issuance of challans clearly demonstrates a continuing pattern of underage driving of a motor vehicle without a valid driving licence.
Such repeated violations could not have occurred without the knowledge, consent, acquiescence, and active or passive support of the family members, including the parents and other adult guardians mentioned in the challans, the plea said.
It is also said that the JJB erred in holding that the observation made in its Order of 04.02.2026 would have no impact on the bail application. It is submitted that in the said order, the JJB held 'Upon inquiry from the CCL (Minor), it appears that he does not understand the preciousness of life of a person and is not remorseful towards his Act."
It is further submitted that the said inquiry was conducted immediately after the incident and, therefore, clearly reflects the then-existing mindset and attitude of CCL (Child in Conflict with Law).
In such circumstances, the possibility of the minor being subsequently tutored or influenced during the course of later inquiries cannot be ruled out.
It is also submitted that the JJB failed to consider that reckless driving by juveniles without a license poses a serious threat to public safety, and releasing the CCL sends a dangerous message that such conduct carries no serious consequences.
The JJB failed to impose reasonable and adequate conditions upon the minor while granting bail so as to ensure that he does not abscond from the jurisdiction.
He belongs to a family with sufficient resources; in the absence of appropriate safeguards, there exists a likelihood that he may flee beyond the jurisdiction of this Court, the plea said.
It is said that the JJB has not imposed any condition requiring the deposit of the passport of a minor or restricting him from travelling outside Delhi/India.
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