VidhiSangh

Supreme Court of India · 09/01/2026

THE STATE OF UTTAR PRADESH versus ANURUDH & ANR

[2026] 1 S.C.R. 770 · 2026 INSC 47

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Summary

The Court set aside general directions issued by the Allahabad High Court, while deciding a POCSO bail application, that police must obtain a medical age-determination report of every victim at the start of investigation and that bail courts may test the correctness of age documents. Jurisdiction under Section 439 CrPC is confined to granting or refusing bail, and a victim's age is decided at trial under the Section 94 JJ Act hierarchy, where medical tests are a last resort.

Issues

  1. Whether a High Court exercising bail jurisdiction under Section 439 CrPC can issue general directions mandating medical age determination of victims in all POCSO cases.
  2. Whether a bail court can entertain a challenge to the correctness of documents relied on to prove the victim's age.
  3. Whether medical determination of a victim's age can be mandated as a matter of course in view of Section 94 of the JJ Act.

Provisions considered

Held

Result

Appeal allowed; the High Court's directions set aside, with the same effect on its two earlier decisions on which they rested; bail granted to the respondent and in those cases left undisturbed; the judgment to operate prospectively so as not to affect bail already secured under that procedure; copies to the Allahabad High Court Registrar General and the Union Law Secretary.

Judgment PDF: Supreme Court of India, [2026] 1 S.C.R. 770.