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I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

29^TH DECEMBER, 2025

FI RST BAI L APPLI CATI ON NO. 1636 of 2025

Shivam alias Judi ..…Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. Vikas Anand, Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder.

Counsel for the Informant : Ms. Unnati Pant, Advocate.

Hon’ble Alok Kum ar Verm a,J.

Applicant - Shivam alias Judi is in judicial custody

for the offence punishable under Section 103(1) read with

Section 3(5), Section 61(2) and Section 238 of the Bharatiya

Nyaya Sanhita, 2023 in Case Crime No.575 of 2024,

registered at Police Station Rudrapur, District Udham Singh

Nagar.

2. According to the respondent – State, Sumit, aged

about 24 years, the husband of the informant Smt. Renu, was

missing since 14.11.2024. A report was registered on

21.11.2024 under Section 140(3) of the Bharatiya Nyaya

Sanhita, 2023 against unknown person. On the same day, i.e.

21.11.2024, an application was given by one Raju, the father

of Sumit, to the police alleging that Sumit’s wife has an illicit

relationship with Ganesh (co-accused). On 21.11.2024, the

police arrested three co-accused Ganesh, Vansh and Deepak

Kohli on a secret information. They confessed before the

police that they committed murder of Sumit along with

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Shivam alias Judi (applicant), Govinda and Renu. On

22.11.2024, the police recovered the dead body of Sumit from

a pit based on the information provided by Ganesh Chandra,

Vansh and Deepak Kohli, co-accused. The inquest proceedings

and the post-mortem examination of the dead body were

conducted on 22.11.2024. According to the post-mortem

report, the cause of death was asphyxia due to anti-mortem

strangulation. The viscera was preserved.

3. The applicant - Shivam alias Judi was arrested on

23.11.2024. He told the police that Ganesh Chandra, the co-

accused, and Sumit’s wife were in love relationship. Sumit had

knowledge of this fact. Therefore, he used to beat her. He

further told the police that Sumit was called in the night of

14.11.2024. He was given liquor. He got drunk, then Ganesh

Chandra hit him on his head with a beer bottle. Govinda (co-

accused) and Deepak strangled him and he (applicant) held

his leg. Sumit was murdered. His dead body was thrown into

a river. He along with Ganesh Chandra, Vansh, Govinda and

Deepak had taken the dead body out of the river in the night

of 16.11.2024 and buried the dead body in a pit. He further

told the police that two shovels were used to bury the dead

body. He had hidden a shovel in the bushes and Govinda (co-

accused) took one shovel with him. The police recovered a

shovel at the behest of the applicant.

4. Heard Mr. Vikas Anand, learned counsel for the

applicant, Mr. Pradeep Lohani, learned Brief Holder for the

respondent and Ms. Unnati Pant, learned counsel for the

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informant- father.

5. Mr. Vikas Anand, Advocate, has contended that the

applicant has been falsely implicated by the co-accused

Ganesh, Vansh and Deepak Kohli. Applicant was not involved

in the said offences. He has been implicated in the alleged

offence on the basis of his confessional statement and the

confessional statements of the co-accused persons. The

confessional statements before the police are not admissible

in evidence as per the provisions of Section 23(1) of the

Bharatiya Sakshya Adhiniyam, 2023. The alleged shovel was

not recovered at the behest of the applicant. The alleged

recovery was planted. There was no independent witness at

the time of the alleged recovery of shovel from the possession

of the applicant. This fact also makes the story of the police

doubtful. The alleged recovered shovel was not sent to the

Forensic Science Laboratory for examination. The applicant

has no criminal antecedents. He is in judicial custody since

22.11.2024. He is a permanent resident of District Bareilly

(Uttar Pradesh), therefore, there is no possibility of his

absconding, and, charge-sheet