Deepu Singh vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Deepu Singh vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No bail decision taken; interim directions only: (i) CJM Auraiya to ensure ossification test of the victim by the Board of the Chief Medical Officer concerned within ten days; (ii) ossification report to be placed before this Court in a sealed cover by the next date of listing; (iii) Registrar (Compliance) to communicate the order to the concerned CJM within 48 hours; (iv) copy of the order to be placed before the Registrar (Compliance) and learned A.G.A.; hearing listed for 05.12.2025.

Issue for consideration

Establishment of the victim's age through ossification test in connection with the applicant's bail application (Case Crime No. 0334 of 2024): the Court queried the victim's age as per ossification test during argument and was told that no such test had been conducted till date.

Court's answer

This Court directed the Chief Judicial Magistrate, Auraiya to have the ossification test of the victim of Case Crime No. 0334 of 2024 conducted, if not yet conducted, by the Board of the Chief Medical Officer concerned within ten days.

Ratio / Principle

Once the test is conducted (or if it has already been conducted), the concerned Chief Judicial Magistrate is directed to submit the ossification report before this Court in a sealed cover by the next date of listing.

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 9614 of 2025 (Allahabad High Court, Court No. 65, Dr. Gautam Chowdhary, J., order dated November 12, 2025) — interim directive order, no bail decision. During argument on the bail application concerning Case Crime No. 0334 of 2024 (Sections 137(2), 87, 64 of B.N.S. and Section 3/4 of the Protection of Children from Sexual Offences Act, P.S. Auraiya, District Auraiya), the Court enquired about the victim's age as per ossification test; learned counsel for the applicant stated that no ossification test had been conducted till date, which the learned A.G.A. could not dispute. The Court thereupon directed the Chief Judicial Magistrate, Auraiya to have the ossification test conducted by the Board of the Chief Medical Officer concerned within ten days, and directed that the ossification report be submitted to this Court in a sealed cover by the next date of listing; the Registrar (Compliance) was directed to communicate the order to the concerned CJM within 48 hours, and the matter was listed for 05.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9614 of 2025

Deepu Singh		.....App	licant(s)
V	ersus
State Of U.P. And 3 Others		.....O	pposite Party(s)
Counsel for Applicant(s)	: Abhishek Nagendra Ranjit Prat	Kumar Bahadur ap	Saroj, Singh,
Counsel for Opposite Party(s)	: G.A.
Court No.- 65

HON'BLE DR. GAUTAM CHOWDHARY, J.

Despite service of notice none has appeared on behalf of informant even in the revised call.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.

After arguing the matter at length, when this Court made query about the age of the victim as per ossification test, learned counsel for the applicant has submitted that till date no ossification test has been conducted.

Learned A.G.A. could not dispute the submissions made by learned counsel for the applicant.

In view of above, this Court directs the Chief Judicial Magistrate, Auraiya, to get the ossification test of the victim of Case Crime No. 0334 of 2024, under Sections 137(2), 87, 64 of B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station Auraiya, District Auraiya, be conducted, if not yet conducted, by the Board of the Chief Medical Officer concerned within a ten days from today. After the said test or has already been conducted, the concerned Chief Judicial Magistrate is directed to submit the ossification report before this Court in a sealed cover by the next date of listing.

Registrar (Compliance) of this Court is directed to

BAIL No. 9614 of 2025

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communicate the order passed by this Court to the concerned Chief Judicial Magistrate within 48 hours.

Let a copy of this order be placed before the Registrar (Compliance) as well as learned A.G.A. for necessary compliance.

List on 05.12.2025.

November 12, 2025

Mustaqeem.

(Dr. Gautam Chowdhary,J.)

Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad