Juvenile granted bail in Uttam Nagar Holi murder case

A Juvenile Justice Board (JJB/ Board) in Delhi has granted bail to a minor accused in the murder of 27-year-old Tarun Bhutolia at Uttam Nagar on March 4 this year during Holi celebrations.

After rejection of his bail plea on April 8, the minor again moved the Board claiming change of circumstances thereby warranting reconsideration of his second bail plea.

In the order passed on May 30, a Board comprising Principal Magistrate Chitranshi Arora and members Poonam Upadhyay and Chandra Suman Kumar agreed on the changed circumstances in the second bail plea.

"While remaining conscious of the seriousness of the allegations, the Board is of the considered view that the concerns which justified rejection of bail earlier no longer subsist with the same force. The ends of justice can now be adequately safeguarded by granting bail to the CCL subject to appropriate and stringent conditions," the JJB said while granting him bail.

The murder took place after victim Tarun Bhutolia’s 11-year-old cousin threw a water balloon from the terrace of their house during Holi festivities, which accidentally hit a woman passing by.

The woman is reported to have initially scolded the girl and left the site. Later that same evening, the woman and her family members allegedly cornered Bhutolia while he was on his way home and beat him to death.

Since the woman and her family are Muslims, the incident assumed communal colour, with tensions reported in the area.

Police subsequently registered a case at Uttam Nagar Police Station and arrested several persons, including two minors whose bail pleas were rejected initially by the JJB.

One of the juveniles, a class 9 student, then moved the JJB again for bail.

He submitted that he has not been identified in the CCTV camera footage relied upon by the prosecution and that no role has been attributed to him concerning the incident.

The bail plea was opposed by the additional public prosecutor, investigating officer and the complainant.

The JJB considered the psychological evaluation report of the minor prepared by the observation home. In the report, it was stated that the minor has shown self-improvement, increased self-reflection, empathy and willingness to focus on constructive and lawful goals. 

The Court noted that as per the report, only continued counselling has been recommended and not further institutionalisation of the minor.

"While continued counselling has been recommended, the report does not suggest that such counselling necessarily requires further institutionalization. In the considered view of the Board, the objectives of continued counselling and rehabilitation can be adequately met by allowing the CCL to participate in counselling sessions under the supervision of the Board, without prolonging his stay in institutional custody," the JJB noted.

Further, it also observed that a substantial period of time passed since the incident occurred which allay apprehensions relating to the safety of the juvenile.

While granting bail, the Board stated that the gravity of the offence by itself cannot be the sole ground for denying bail to a juvenile under the Juvenile Justice Act.

“There is no concrete material to indicate a real and proximate likelihood of the child coming into association with known criminals, particularly in view of the proposed relocation of the child outside Delhi under family supervision," the order said.

Thus, the JJB granted bail to the accused subject to the condition that he shall not live in Delhi but shall reside in Rajasthan with his grandmother.

“The child shall reside in Rajasthan under the care and supervision of his grandmother and other family members and shall not return to Delhi without prior permission of the Board,” the order said.

Additional Public Prosecutor NK Meena appeared for the State.

Advocate Sumit Kumar appeared for the complainant.

Advocate Jitender Kumar and Mayank Jain appeared for the juvenile.