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Dwarka court dismisses appeal against bail of minor driver in fatal accident

Dwarka court dismisses appeal against bail of minor driver in fatal accident

TheNewsMill 3 weeks ago

The Dwarka Court rejected an appeal on January 31, 2026, against the bail granted to a minor driver in connection with a fatal accident in which 23-year-old Sahil Dhaneshra was killed.

The deceased’s mother had challenged the Juvenile Justice Board’s (JJB) decision to grant bail on March 10. However, Additional Sessions Judge Rajat Goyal ruled that releasing the child in conflict with law (CCL) to bail would not defeat the ends of justice.

The judge stated, “There is no ground for setting aside the impugned order. Accordingly, the present appeal is hereby dismissed.” The court also rejected claims that the minor belonged to an affluent, well-connected family that might attempt to subvert the law, noting, “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.”

Advocate Lal Singh Thakur represented the minor driver. The appeal, filed by the deceased's mother Inna Makan through advocates Divjot Singh Bhatia and Aman Singh Bakshi, argued that the JJB's bail order was passed without due consideration of the evidence and was legally flawed.

The petition highlighted that the minor was a habitual offender with repeated speeding incidents and multiple challans issued against the vehicle for speeding and driving without a licence. It asserted that the minor had full access to the vehicle and was driving at the time of the accident.

It was further argued that the JJB failed to consider the likelihood of the minor repeating such conduct, noting a lack of parental control and the minor’s reckless driving, including filming a reel at high speed with his 23-year-old sister and attempting to flee the scene after the accident, only stopping when caught by bystanders.

The plea stated, “There is a reasonable apprehension that he will cause such incidents again and again and endanger the lives of pedestrians and passers-by.” It added that the repeated violations could not have occurred without the knowledge or acquiescence of the family, including parents and adult guardians.

The petition also criticised the JJB for disregarding its earlier observation that the minor showed no remorse immediately after the incident, suggesting the possibility of later tutelage or influence.

Concerns were raised about the serious threat to public safety posed by reckless juvenile driving without a licence and that the bail conditions imposed were inadequate, lacking restrictions such as deposit of the minor's passport or travel limitations. The plea noted that the minor belonged to a resourceful family, increasing the risk of absconding beyond the court's jurisdiction.

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