Vikas Shankhwar vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Vikas Shankhwar vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No final bail decision taken at this stage; interim directions issued - ossification test of the victim to be arranged by the Board of the CMO within ten days if pending, report to be submitted in sealed cover by the next date of listing, order to be communicated to the CJM within 48 hours, and the application listed in the additional cause list on 01.12.2025.

Issue for consideration

Whether the ossification (age-determination) test of the victim of Case Crime No. 23 of 2025 has been conducted and, if not, that it be got conducted and the report placed before this Court before the bail application proceeds further.

Court's answer

The concerned Chief Judicial Magistrate is directed to have the ossification test of the victim of Case Crime No. 23 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

After the ossification test is done (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) is directed to communicate the order passed by this Court to the concerned Chief Judicial Magistrate within 48 hours.ratio¶5
A copy of the order is to be placed before the Registrar (Compliance) as well as the learned A.G.A. for necessary compliance (sentence completes as 'compliance.' across the page break).ratio¶6

Detailed headnote1 paragraphs

Allahabad H.C. (Court No. 65), Criminal Misc. Bail Application No. 23106 of 2025 - Vikas Shankhwar v. State of UP and 3 Ors., decided October 27, 2025 by Dr. Gautam Chowdhary, J. On the Court's query as to the victim's age per ossification test in Case Crime No. 23 of 2025 (registered under Sections 137(2), 87, 64(1) of B.N.S. read with Sections 3/4 of the Protection of Children from Sexual Offences Act, P.S. Kotwali, District Etawah), counsel for the applicant stated that no ossification test had been conducted till date, which the learned A.G.A. did not dispute. The Court directed the concerned Chief Judicial Magistrate to get the ossification test conducted by the Board of the Chief Medical Officer within ten days if not yet done, and to submit the 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 CJM within 48 hours and a copy placed before him and the learned A.G.A. The bail application was neither allowed nor refused; it stands listed in the additional cause list on 01.12.2025 pending the age-determination report.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23106 of 2025

Versus Vikas Shankhwar	.....Applicant(s)
State Of Up And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Arun Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 65

HON'BLE DR. GAUTAM CHOWDHARY, J.

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 concerned Chief Judicial Magistrate to get the ossification test of the victim of Case Crime No. 23 of 2025 under Sections 137 (2), 87, 64(1) of B.N.S., and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station Kotwali, District Etawah 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.

The Registrar (Compliance) 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 (Compliance) as well as learned A.G.A. for necessary

BAIL No. 23106 of 2025

2

compliance.

List in the additional cause list on 01.12.2025.

October 27, 2025 S.Ali

(Dr. Gautam Chowdhary,J.)

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad