Dwarka accident: Court reserves order on plea to cancel minor's bail

The Dwarka court has reserved its order on a plea seeking to cancel the bail of a minor involved in a fatal accident. The deceased's mother argued the Juvenile Justice Board ignored evidence that the minor is a habitual offender.

the Dwarka court on Friday reserved its order on a plea seeking cancellation of bail granted to minor accsued in the Dwarka accident case.

The Juvenile Justice Board (JJB) granted regular bail to the minor on March 10, 2026. The mother of the deceased has challenged the order passed by the JJB. This case pertains to an accident in the Dwarka area in which Sahil Dhaneshra, aged 23, was hit by a car, causing his death.

It is stated that the bail order was passed without application of mind and without appreciating the evidence against the minor. Additional Sessions Judge (ASJ) Rajat Goyal reserved the order after hearing the submissions by counsel of the parties. The court will pronounce the order on Monday.

Grounds for Challenging Bail Order

Inna Makan, mother of the deceased, has challenged the JJB's bail order through advocate Divjot Singh Bhatia, Aman Singh Bakshi, before the Sessions court. It is 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 the law and requires to be set aside to secure the ends of justice.

It is argued that the JJB has failed to take into account the overwhelming evidence of the crime that is present at this preliminary stage itself.

Accused Labeled a 'Habitual Offender'

The petition 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 over speeding and multiple challans have been issued against this vehicle for over 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 of the offending vehicle. There is also no denial to 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 establish 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.

Lack of Parental Control Cited

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 life of people.

Minor's Conduct Questioned

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 to the access of the minor to the offending vehicle, there is a reasonable apprehension that he will cause such incidents are repeated again and again and endanger the lives of pedestrians and passers-by.

Family's Role and Minor's Attitude

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.

Inadequate Bail Conditions

It is also submitted that the JJB failed to consider that reckless driving by juveniles without 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 and, 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 minor or restricting him from travelling outside Delhi/India. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)