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

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

What the court decided

AI extract

Outcome

Interim directions only; bail application not finally decided and listed on 11.03.2026 in top ten cases: (i) CJM, Gorakhpur to get the victim's ossification test conducted, if not yet conducted, by the Board of the Chief Medical Officer concerned within ten days; (ii) ossification report to be submitted 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.

Issue for consideration

Age determination of the victim as per ossification test in connection with the bail application arising from Case Crime No. 13 of 2025; the Court's enquiry revealed that no ossification test had been conducted till date.

Court's answer

The Court proceeded on the undisputed position that, till date, no ossification test had been conducted to determine the age of the victim: the submission of learned counsel for the applicant to this effect was not disputed by the learned A.G.A.

Ratio / Principle

This Court directed the Chief Judicial Magistrate, Gorakhpur to get the ossification test of the victim of Case Crime No. 13 of 2025 conducted, if not yet conducted, by the Board of the Chief Medical Officer concerned within ten days from the date of the order.

Key takeaways

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.ratio¶5
Registrar (Compliance) of this Court is directed to communicate the order passed by this Court to the concerned Chief Judicial Magistrate within 48 hours.ratio¶6

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 44981 of 2025 — Basant Kumar v. State of U.P. and 3 Others (High Court of Judicature at Allahabad, Court No. 3, Hon'ble Dr. Gautam Chowdhary, J., February 6, 2026). Interim order in a bail application arising from Case Crime No. 13 of 2025, under Sections 137(2), 65(1), 87 of B.N.S. and Section 5J(ii)/6 of the Protection of Children from Sexual Offences Act, Police Station Ramgarhtal, District Gorakhpur. Despite service of notice, the informant did not appear even in the revised call. On the Court's enquiry about the age of the victim as per ossification test, 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 directed the Chief Judicial Magistrate, Gorakhpur to get the ossification test of the victim conducted, if not yet conducted, by the Board of the Chief Medical Officer concerned within ten days, and to submit the ossification report before the High Court in a sealed cover by the next date of listing; Registrar (Compliance) was directed to communicate the order to the CJM within 48 hours. Matter listed on 11.03.2026 in top ten cases; no final decision on bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44981 of 2025

Basant Kumar

.....Applicant(s)

Versus

State Of U.P. And 3 Others

	.....	Opposite Party(s)
Counsel for Applicant(s)	: Sandeep Kumar	Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 3

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, 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, Gorakhpur, to get the ossification test of the victim of Case Crime No. 13 of 2025, under Sections 137(2), 65(1), 87 of B.N.S. and Section 5J(ii)/6 of Protection of Children from Sexual Offences Act, Police Station Ramgarhtal, District Gorakhpur, 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. 44981 of 2025

2

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

List on 11.03.2026 in top ten cases.

February 6, 2026

Mustaqeem.

(Dr. Gautam Chowdhary,J.)

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