Delhi court upholds bail for minor in Dwarka crash

A Delhi court upheld bail for a minor driver in a hit-and-run case, rejecting the victim's mother's appeal, citing lack of evidence for bail cancellation.

A Delhi court on Monday rejected a woman’s appeal against bail granted to the minor driver who allegedly killed her 23-year-old son, a biker, in a Dwarka hit-and-run, observing that “ends of justice” would not be defeated if the juvenile remained out on bail.

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Additional sessions judge Rajat Goyal of the Dwarka courts said underage driving and fatal accidents have become “more common than we care to admit”. The court underlined that the incident, “as tragic and unfortunate as it is,” lacked the depravity and perversity required to shock the collective conscience of society.

The judge added that the mother’s mere apprehension that the minor or his family might tamper with evidence or influence the trial, cannot be used to curtail the right of personal freedom of the juvenile under the Juvenile Justice Act.

“There is no ground for setting aside the impugned order,” the court noted.

Advocate Aman Singh Bakshi, representing the victim Sahil Dhaneshra’s mother Inna Makan, argued that the minor was a habitual offender with previous traffic challans. He said the gravity of the offence and the rash driving warranted cancellation of bail. The court, however, did not find merit in the submission.

The Juvenile Justice Board had granted bail to the teenager on March 10, observing that the incident rose from “lack of sufficient parental monitoring.” The parents had acknowledged their lapse and expressed willingness to take preventive measures.

The accident took place on February 3 this year. Sahil Dhaneshra was riding his two-wheeler when a speeding SUV — allegedly driven by the minor — hit him and then rammed into a parked cab, critically injuring that driver as well.

The minor, who did not possess a driving licence, was apprehended and sent to an observation home. Police registered a case under Bharatiya Nyaya Sanhita (BNS) provisions related to rash and negligent driving, causing death by negligence, and endangering human life. The juvenile’s father was also bound down by police.