The Hon’ble bench comprising Hon’ble justice Indira Banerjee and Hon’ble justice V.Ramasubramaniam noting that “It is not in dispute that the 13 petitioners have been held by Juvenile Justice Board to be juveniles at the time of the commission of the offence” ordered for the immediate release of 13 prisoners on furnishing personal bonds.
Further, Counsel for the state of Uttar Pradesh sought two weeks to file counter affidavit on Hon’ble court order.
Moreover, counsel for the state of UP submitted that Hon’ble Allahabad High Court order to identify accused who passed the juvenile age adding to states that there is no objection for grant of interim bail for accused”
The counsel for the petitioner in a plea seeking to grant interim bail submitted that the case is of “illegal detention”.
Adding to the said submission it is submitted that the “state of Uttar Pradesh failed to take any steps for the release of the 13 juveniles despite juvenile justice board declaration that all accused are below 18 years.”
Lastly, it is submitted in the plea that “it is need of the hour to release the petitioners immediately because the petitioners have already undergone the maximum detention provided under section 15 read with section 16 of the Juvenile Justice Act, 2000 viz. 3 years”