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Bombay High Court

Uttam Valji BhushanversusMrs Menal Dhrumil Patel

Decided
Disposal
Disposed Off

Holding

The High Court held that the applicant’s reckless stunt conduct, lack of parental control and the seriousness of the offence fall within the exception under Section 12 of the Juvenile Justice Act, justifying the cancellation of bail.

Summary

The applicant, who was 17 years and 8 months old at the time of a fatal road accident caused by reckless driving and stunt activities, had been granted bail by the Juvenile Justice Board. The Additional Sessions Judge cancelled that bail, invoking the exception under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, on grounds of lack of parental control and danger to society. The applicant challenged this order through a criminal revision application, arguing his minority, lack of intent, and good conduct. The State and the victim’s family contended that the applicant’s habitual stunt behavior, evidence destruction, and failure to comply with bail conditions justified the cancellation. The High Court examined the facts, found the applicant’s conduct dangerous and the parental control absent, and held that the exception under Section 12 applied, thereby upholding the cancellation of bail. Consequently, the revision application was rejected.

Issues considered

  • Whether the exception under Section 12 of the Juvenile Justice Act applies to a child in conflict with law who commits a serious offence.
  • Whether bail granted by the Juvenile Justice Board can be set aside by the Sessions Court.
  • Whether the applicant’s age and conduct justify treating him as an adult for bail purposes.
  • Whether the destruction of evidence and non‑compliance with bail conditions affect the bail decision.

Legislation cited

Subjects

  • juvenile justice
  • child in conflict with law
  • bail cancellation
  • reckless driving
  • vehicular homicide
  • permanent disability
  • parental control
  • evidence destruction
  • reformative home

Judgment

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
              CRIMINAL REVISION APPLICATION NO. 396 OF 2026

    Uttam Valji Bhushan                                     ...Applicant
               Vs.
    Mrs. Menal Dhrumil Patel and Anr.                       ...Respondents
    _________________________________________________________________
    Mr. Jitesh Jadhav a/w. Sushant Valimbe a/w. Manish Singh a/w. Abhijeet
    Yadav a/w. Padmavati Vaishya a/w. Nihal Mishra, Advocates for
    Applicant.
    Mr. Atharva Dandekar a/w. Ruben Mascarenhas a/w. Tejas Gupta a/w.
    Varad Sirsikar a/w. Khushida Shaikh a/w. Hitendra Parab, Advocate for
    Respondent No.1.
    Mr. S.R. Agarkar, APP for Respondent-State.
    PSI Takawale Trupti, Tilaknagar Police Station present.
    _________________________________________________________________

                                          CORAM    :   SHIVKUMAR DIGE, J.
                                          DATE     : 9th SEPTEMBER, 2026.
    P.C. :

    1.         Heard learned counsel for the Applicant, Respondent No.1 and

    learned APP for the State.

    2.         The challenge in this application is to the impugned order

    passed by the Learned Additional Sessions Judge, Bombay, whereby he has

    allowed the Criminal Appeal and cancelled the bail granted to the

    Applicant by the Juvenile Justice Board, Suburban, Dongri, Mumbai, at

    the time of incident Applicant was a child in conflict with Law (for short,

    ‘CCL’). Now the applicant is major.

    3.         It is prosecution's case that on 05/02/2026, Applicant drove the

    car of his father rashly and negligently and at an excessive speed and gave


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    dash to the husband of Respondent No.1, who was riding a bike. Due to

    the said dash, the husband of Respondent No.1 died while undergoing

    treatment and Respondent No.1 became permanently disabled.                It is

    alleged that at the time of the incident, Applicant was 17 years and 8

    months' old. The Juvenile Justice Board (for short, 'JJB') granted bail to

    the Applicant. The said order was challenged before the Learned Sessions

    Court.   Accordingly, the Learned Sessions Judge passed the impugned

    order which is under challenge.

    4.         It is contention of learned counsel for the Applicant that at the

    time of the incident, Applicant was below 18 years of age. The incident

    happened suddenly. The Applicant had no intention to give a dash to

    Respondent No.1 and her husband. At the time of incident, Applicant was

    studying in 12th Standard. He was in observation home for around 10

    days. He has co-operated with the investigation. Presently he is in First

    Year, he is attending college regularly. He is not residing in the vicinity

    where the incident occurred. Investigation is completed. Charge sheet has

    been filed. Applicant is attending the proceedings before the JJB regularly.

    Applicant has no antecedents. Considering the age of the Applicant and

    the fact that he is student, the Learned Sessions Judge should not have

    cancelled his bail. No purpose would be served by keeping the Applicant

    in observation home. Learned counsel further submitted that as per the



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    JJB's order, Applicant was staying outside the jurisdiction of Tilak Nagar

    Police Station and he has complied with all the terms and conditions of JJB

    and he does not fall within the ambit of Section 12 of the Juvenile Justice

    Care and Protection of Children Act, 2015 (for short, ‘Juvenile Justice Act').

    Learned counsel further submits that there are no specifics regarding the

    visit of the Applicant to the incident spot after the registration of the crime.

    Plea has been recorded and he requested to allow the application. He

    relied on the following judgments.

                   1.              Shilpa Mittal Vs. State of Maharashtra and Anr.1

                   2.              Pooja Gagan Jain Vs. Stat of Maharashtra2;

                   3.              Raman S/o. Prakash Mundhe and Anr. Vs. The State
                   of Maharashtra and Anr. 3
    5.             It is contention of learned APP along with learned counsel for

    Respondent No.1 that Applicant was in the habit of performing stunts on

    bikes and cars on public road. He posted his stunt acts on his Instagram

    account. The act of the Applicant was dangerous to the public. . It shows

    that he had habit of driving the vehicle rashly and negligently causing

    danger to the general public. On the day of incident, he drove the car in

    such a way and at an excessive speed and gave a dash to the deceased and

    respondent No.1, who had no fault, as they were proceeding on the road

    on their side.           The accident occurred due to the negligence of the
    1    Criminal Appeal No. 34 of 2020 arising out of SLP (Cri.) No. 7678 of 2019.
    2    Criminal Writ Petition No. 2372 of 2024 dated 25th June 2024
    3    Anticipatory Bail Application No. 277 of 2022 dated 15th July 2022.

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    Applicant. Applicant was 17 years and 8 months' old at the time of the

    accident. So, he was almost major. It is not that the Applicant was driving

    the vehicle for first time.   Due to the act of the Applicant, the deceased

    lost his life and Respondent No.1 has become completely paralyzed and

    she is unable to move. So she has to suffer throughout her life without any

    fault on her part.

    6.         Learned App further submitted that after being released on bail,

    Applicant visited the crime spot and his parents were aware about the

    stunt videos posted on the Instagram, but they did not take any

    precautionary measures. The JJ Board observed that they had no control

    over him. Learned       App further submitted that while releasing the

    Applicant on bail, the learned JJ Board in paragraph 13 has observed that

    the parents of the Applicant are capable of taking care of him. But in

    paragraph 16, the JJ Board has observed that there is lack of parental

    control. Nevertheless, he was enlarged on bail. This case falls within the

    exception to Section 12 of Juvenile Justice Act as he will be exposed to

    moral, physical and psychological danger due to lack of parental control

    and the group of friends who also perform stunts and it will defeat the

    ends of justice. Thus, falling within the proviso to Section 12 Sub-section

    (1). Hence, his bail being set aside by the Learned Appellate Court is

    proper. Learned App further submitted that after registering the offence



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    against the Applicant, his performing stunts videos and photographs on

    Instagram Account were deleted, which amounts to destruction of

    evidence, and the friend of the Applicant has been charged for the said act.

    Learned App further submitted that after setting aside the order of JJB,

    when police visited Applicant's address at Koparkhairane, where he was

    supposed to stay as per the bail condition, he was not found there and the

    police thereafter visited the Applicant’s residence at Chembur's, where the

    mother of the Applicant informed the police that she was not aware about

    the whereabouts of the Applicant.      He submitted that the Learned Judge

    has passed a well-reasoned order, no interference is required in it and

    requested to reject the application.

    7.         Heard rival submissions.       Perused impugned order. While

    setting aside the order passed by the Learned JJB, the learned Sessions

    Judge has observed that in the incident, one person who was an earning

    member of the family lost his life. Respondent No.1 became permanently

    disabled due to the stunt performed by the CCL.         On the date of the

    incident, CCL was 17 years and 8 months’ old. He further observed that,

    the family of CCL had offered some money to the victims to settle the

    matter and it    reveals that CCL was involved in the company of spoiled

    and affluent children and was making stunts on two wheelers and four

    wheelers, which may be dangerous to the lives of other persons. If he is



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    kept in the reformation room, then it would be useful for the CCL as well

    as in the interest of society at large. Releasing the CCL, within a short

    period of the incident, would not serve the ends of justice and would

    undermine the confidence of society. I do not find infirmity in observations

    of learned judge.     It appears from record that the Applicant was in the

    habit of making stunts on two-wheelers and four wheelers. He was not

    only performing such stunts, but he was also posting videos of the stunts

    on the public Instagram page “ryankelafdebaaz”. The screenshots of the

    said Instagram page have been produced on record, which show the

    Applicant driving a car while one of his friends was lying flat on the bonnet

    and windshield of the said car, and while his other friends were hanging out of

    the said car without wearing seatbelts. The same shows that the Applicant was

    not only reckless about his own safety but also that of the others around

    him. The screenshot further shows the Applicant riding a scooter with 2

    pillion riders without any helmet and performing a wheelie with two of his

    friends    on   the      pillion    seat     etc.     It    shows    that     Applicant

    not only put the health and safety of himself, but also of others,

    at risk, and he was in the habit of boasting about his acts. His parents were

    aware of the said acts, but they did not take any efforts to control the act

    of the Applicant. Resultantly, one person has lost his life and other

    became      completely     paralyzed       without    any    fault   on     their   part.

    The       Applicant      was       driving      the   two-wheeler         and       four-

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    wheeler vehicle before attaining the age of 18, which is the lawful age for

    driving a vehicle, and he was driving them on the road precariously, which

    would have caused danger to the general public, who were not at fault. It

    shows that parents of the Applicant have no control over the activities of

    the Applicant. At the time of the incident, Applicant was 17 years and 8

    months' old. It was as good as being 18 years of age. It is necessary to

    curb such activities, which spoil children and causes threat to the society.

    Though he is a student, keeping him in a reformative home would make

    him understand gravity of his act. After releasing the Applicant by the JJB,

    he was supposed to stay at Koparkhairane, but when police made an

    enquiry, he was not available at the given address, nor had he contacted

    the police after making the enquiry. It shows that he has scant respect for

    the orders passed by lawful authority. Now, the Applicant is a major.

    When he was a child, there was no parental control over him. The

    Applicant would be exposed to moral, physical and psychological danger

    due to lack of parental control. He may again indulge in stunt act with his

    friends, causing danger to others. It will defeat ends of justice.The stunt

    videos are deleted from his Instagram account, which amounts to

    destruction of evidence, and friend of the Applicant has been charged for

    the said offence. The Learned Sessions Judge has passed well-reasoned

    order therefore no interference is required in it.



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    8.         Considering these facts, I do not find any merit in the

    application.   I have gone through the case laws cited by the learned

    counsel for the Applicant. The facts of the cited cases and present case are

    different, hence, not applicable.    In view of the above, I pass following

    order:

                                        ORDER

               Criminal Revision Application is rejected.



                                                  (SHIVKUMAR DIGE, J.)




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