HC upholds bail cancellation for minor in fatal Vidyavihar crash

The court noted that the boy had deleted videos of stunts performed on two- and four-wheelers from his Instagram account and had failed to stay at the address specified as a condition of his bail

MUMBAI: The Bombay High Court has upheld the cancellation of bail granted to a 17-year-old boy accused of fatally crashing his father’s SUV into a scooter in Vidyavihar, observing that his history of performing dangerous stunts on public roads and posting videos of them on Instagram showed a serious disregard for public safety.

The February 5 crash near Somaiya College in Vidyavihar left businessman Dhrumil Patel, 33, seriously injured and his wife Meenal, 32, permanently disabled. Dhrumil died of his injuries 10 days later.

The court also noted that the boy had deleted videos of stunts performed on two- and four-wheelers from his Instagram account and had failed to stay at the address specified as a condition of his bail. His conduct, the court said, showed “scant respect” for lawful authority.

The February 5 crash near Somaiya College in Vidyavihar left businessman Dhrumil Patel, 33, seriously injured and his wife Meenal, 32, permanently disabled. Dhrumil, who was returning home with his wife after closing their shop in Parel, died of his injuries 10 days later. The boy was 17 years and eight months old when the crash occurred. He is now an adult.

In an order dated September 9 and made available on Wednesday, Justice Shivkumar Dige dismissed the boy’s plea challenging a sessions court order that had cancelled the bail granted to him by the Juvenile Justice Board (JJB). The high court found no reason to interfere with the sessions court’s decision.

Meenal Patel’s lawyers, advocates Atharva Dandekar, Ruben Mascarenhas and Tejas Gupta, told the court that the boy had repeatedly performed dangerous stunts in cars and on two-wheelers and posted videos of them on a public Instagram account.

They presented screenshots of the now-deleted videos, showing him driving with a friend lying flat on the bonnet and windshield and others hanging out of the windows. Other screenshots showed the boy riding a scooter with two pillion riders, all without helmets, and performing a wheelie.

“It shows that the applicant not only put the health and safety of himself, but also of others, at risk,” Justice Dige observed, adding that the boy “was in the habit of boasting about his acts.”

The court said the conduct did not appear to be an isolated incident. “It appears from record that the applicant was in the habit of making stunts on two-wheelers and four-wheelers,” it said, noting that he had driven both before reaching the legal age to do so.

The court also noted that his parents were aware of the stunts but had not stopped him. The subsequent deletion of the videos, it said, “amounts to destruction of evidence”.

The court also cited the boy’s conduct after securing bail. He had been ordered to stay in Koparkhairane, but was not found there. At the family’s Chembur home, his mother said she did not know where he was. “It shows that he has scant respect for the orders passed by lawful authority,” the court said.

Why bail was cancelled

The boy’s lawyers argued that the crash was sudden and unintentional. They said he had cooperated with the investigation, had no previous criminal record and had regularly attended JJB proceedings. They also pointed out that the investigation was complete and the chargesheet had been filed.

Additional public prosecutor Balraj Kulkarni opposed the plea, arguing that the case fell within the exception under Section 12 of the Juvenile Justice Act, which permits bail to be denied if releasing a child is likely to expose him to moral, physical or psychological danger. He also cited the deleted Instagram material and the alleged breach of bail.

The high court rejected the revision plea, concluding that the boy’s release would defeat the ends of justice. “The applicant would be exposed to moral, physical and psychological danger due to lack of parental control,” justice Dige said. Though a student, a reformative home would make him understand the gravity of his act, he added.