The Allahabad High Court has granted bail to Shivam Yadav @ Chhotu in a case involving allegations under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act, after questions arose over the document relied upon to establish the victim’s age.
Justice Arun Kumar Singh Deshwal passed the order on August 12, 2026, in Criminal Misc. Bail Application No. 22333 of 2026.
Background of the Case
The bail proceedings took an unusual turn after the Court noticed a discrepancy between the victim’s medical age assessment and her school records. An ossification test, a medical method used to estimate age from bone development, placed her age between 18 and 20 years.
However, a school leaving certificate recorded her date of birth as November 12, 2012. The Court had therefore directed the Headmaster of Narayan Junior High School to appear with the relevant school records.
The Headmaster subsequently informed the Court that the date of birth had been entered on the basis of a transfer certificate allegedly issued by Kuldeep Gram Samaj Kalyan Junior High School. The Investigating Officer was directed to verify that certificate.
The Headmaster of the latter school then informed the Court that the victim had never been enrolled there and that the alleged transfer certificate had not been issued by the institution. The Court consequently held that the school leaving certificate based on that document could not be relied upon for determining age.
Court’s Observation on Age Determination
The Court referred to Section 94(2) of the Juvenile Justice Act, 2015, which provides a sequence for determining age. School or matriculation records are considered first, followed by a birth certificate from a municipal or local authority, and only thereafter an ossification or other medical age-determination test.
fThe Court observed:
“In many cases, where the victim does not have any matriculation certificate, the only document relied upon for determining the age, in view of Section 94(2) of the J.J. Act, 2015, is the date of birth certificate issued by the school, though there is no format or procedure mentioned regarding issuance of the date of birth certificate by the school, which has been widely misused by the parties...”
The Court said the issue warranted administrative action and directed the Principal Secretary, Basic Education, Uttar Pradesh, to frame guidelines, including a prescribed format for school-issued date-of-birth certificates and documents required from parents or guardians during admission.
Decision
Considering the circumstances, the evidence, the applicant’s custody period and the Supreme Court’s bail guidelines, the Court allowed the bail application without expressing any opinion on the merits of the case.
Shivam Yadav @ Chhotu was directed to be released on bail on furnishing a personal bond and two sureties, subject to conditions including cooperation with the trial, non-interference with evidence and compliance with the terms of bail.
Case Details
Case Title: Shivam Yadav @ Chhotu v. State of U.P. and 3 Others
Case Number: Criminal Misc. Bail Application No. 22333 of 2026
Judge: Justice Arun Kumar Singh Deshwal
Decision Date: August 12, 2026
