Aadil vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Aadil vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

No final decision on the bail application; interim directions issued for conduct of the victim's ossification test within ten days by the Board of the concerned Chief Medical Officer and submission of the ossification report in a sealed cover by the next date of listing, with the matter listed for 10.03.2026 in top ten cases.

Issue for consideration

Establishment of the age of the victim by ossification test in the pending bail matter, the Court having queried the victim's age as per ossification test and counsel for the applicant submitting that no such test had been conducted till date.

Court's answer

The Chief Judicial Magistrate, Kasganj (Kanshiram Nagar), is directed to have the ossification test of the victim of Case Crime No. 305 of 2025 conducted, if not yet conducted, by the Board of the concerned Chief Medical Officer within ten days from the date of the order.

Ratio / Principle

Once the ossification test has been 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.

Key takeaways

The Registrar (Compliance) of the Court is directed to communicate this order to the concerned Chief Judicial Magistrate within 48 hours.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Dr. Gautam Chowdhary, J.) in Criminal Misc. Bail Application No. 44825 of 2025, Aadil v. State of U.P. & 3 Ors., decided February 5, 2026: In a bail application relating to Case Crime No. 305 of 2025 under Sections 137(2), 65(1) of B.N.S. and Sections 3/4 of the Protection of Children from Sexual Offences Act (P.S. Amanpur, Distt. Kasganj (Kanshiram Nagar)), the Court, having learnt that no ossification test of the victim had been conducted till date, directed the Chief Judicial Magistrate, Kasganj (Kanshiram Nagar), to have the test performed, if not yet done, by the Board of the concerned Chief Medical Officer within ten days, and to submit the ossification report before the 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. The matter was listed for 10.03.2026 in top ten cases; no final adjudication of the bail application was made on this date.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44825 of 2025

Aadil

.....Applicant(s)

Versus

State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Ajai Kumar, Mahendra Kumar Maurya Counsel for Opposite Party(s) : G.A.

Court No. - 3

HON'BLE DR. GAUTAM CHOWDHARY, J.

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

Heard learned counsel for the applicant, 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, Kasganj (Kanshiram Nagar), to get the ossification test of the victim of Case Crime No. 305 of 2025, under Sections 137(2), 65(1) of B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station Amanpur, District Kasganj (Kanshiram Nagar), 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 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

BAIL No. 44825 of 2025

2

(Compliance) as well as learned A.G.A. for necessary compliance.

List on 10.03.2026 in top ten cases.

February 5, 2026

Mustaqeem.

(Dr. Gautam Chowdhary,J.)

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