Omkar Vishvakarma v. State of U.P. and 3 Others

Allahabad HC25 Nov 2025BAIL/36254/2025

Case brief

AI extract

What is this about?

Ossification test; age determination of victim; no ossification test conducted; B.N.S. Ss.137(2), 87, 64(2)M; Protection of Children from Sexual Offences Act Ss.5L/6, 5J(ii)/6; Case Crime No. 0045 of 2025; Police Station Pipari; District Sonebhadra; Chief Judicial Magistrate Sonebhadra; Board of Chief Medical Officer; report in sealed cover; Registrar (Compliance); 48 hours communication; bail application interim directions; listing 06.01.2026; informant notice awaited; Omkar Vishvakarma; State of U.P.

What did the court decide?

No bail decision taken at this stage; interim compliance directions issued (conduct ossification test within ten days; file ossification report in sealed cover by next date; communicate order within 48 hours); bail application listed for 06.01.2026 along with fresh service report. ¶¶15

Omkar Vishvakarma vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the ossification test (age determination) of the victim in Case Crime No. 0045 of 2025 has been conducted; counsel for the applicant submitted none had been conducted till date, and the Court directed its conduct and sealed-cover reporting.

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Court's answer

The Court directed the Chief Judicial Magistrate, Sonebhadra, to arrange the ossification test of the victim of Case Crime No. 0045 of 2025 (offences under Ss.137(2), 87, 64(2)M B.N.S. and Ss.5L/6, 5J(ii)/6 of the Protection of Children from Sexual Offences Act, P.S. Pipari).

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Ratio / Principle

If not yet conducted, the ossification test is to be carried out by the Board of the Chief Medical Officer concerned within ten days.

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Key takeaways

Once the test is done (or if already conducted), the concerned Chief Judicial Magistrate must submit the ossification report before this Court in a sealed cover by the next date of listing.ratio¶¶12
Registrar (Compliance) of this Court was directed to communicate the order to the concerned Chief Judicial Magistrate within 48 hours (with a copy also placed before the Registrar (Compliance) and the learned A.G.A.).ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.), Criminal Misc. Bail Application No. 36254 of 2025 — Omkar Vishvakarma v. State of U.P. & 3 Ors., order dated 25.11.2025. Office report dated 24.11.2025 showed service of notice on the informant was awaited. Counsel for the applicant submitted that till date no ossification test of the victim had been conducted, and the learned A.G.A. could not dispute this. The Court accordingly directed the Chief Judicial Magistrate, Sonebhadra, to have the ossification test of the victim of Case Crime No. 0045 of 2025 (Ss.137(2), 87, 64(2)M of B.N.S. and Ss.5L/6, 5J(ii)/6 of the Protection of Children from Sexual Offences Act, P.S. Pipari, District Sonebhadra) conducted, if not yet done, by the Board of the Chief Medical Officer concerned within ten days; the ossification report is to be placed before the Court in a sealed cover by the next date of listing. Registrar (Compliance) to communicate the order to the CJM within 48 hours. Matter listed for 06.01.2026 with fresh service report — an interim compliance order; the bail application itself remains undecided.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36254 of 2025

Omkar Vishvakarma

.....Applicant(s)

Versus

State Of U.P. And 3 Others

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Byas Kumar Prasad, Mulayam Yadav
Counsel for Opposite Party(s)	: G.A.

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Office report dated 24.11.2025 indicates that report with regard to the service of notice to the informant is awaited.

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Learned counsel for the applicant has submitted that till date no ossification test has been conducted.

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

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In view of above, this Court directs the Chief Judicial Magistrate, Sonebhadra, to get the ossification test of the victim of Case Crime No. 0045 of 2025, under Sections 137(2), 87, 64(2)M of B.N.S. and Section 5L/6, 5J(ii)/6 of Protection of Children from Sexual Offences Act, Police Station Pipari, District Sonebhadra, 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.

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

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

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List on 06.01.2026 along with fresh service report.

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(Dr. Gautam Chowdhary,J.)

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November 25, 2025

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Mustaqeem.

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

Omkar Vishvakarma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Omkar Vishvakarma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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