2025:UHC:9265 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/818/2025 Hon’ble Alok Mahra, J. Mr. Karan Anand, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Dinesh Chauhan, learned Brief Holder for the State. 3. Applicant – Mohit Kumar, who is in judicial custody in connection with F.I.R./Case Crime No. 70 of 2025, under Sections 140(1), 103, 61(2) and 238 of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.), registered at Police Station Raipur, District Dehradun has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. The prosecution case, in brief, is that initially, a missing report was lodged by the nephew of the deceased, stating that his uncle (Chacha), aged about 68 years, who was residing alone in a rented accommodation at Raipur, Dehradun, had gone missing on 04.02.2025. Subsequently, the dead body of the deceased was recovered from the Ambehta River, situated in the State of Uttar Pradesh. Upon further investigation, and on the basis of material collected during inquiry, the said missing report was converted into a formal F.I.R. on 07.03.2025, and the present applicant was arrested on 30.03.2025. 6. Learned counsel for the applicant would submit that the applicant is 2025:UHC:9265 innocent and has falsely been implicated in the present case. It is contended that the applicant has no previous criminal antecedents; that no incriminating material was recovered from the spot linking the applicant to the commission of the alleged offence; and that there is no cogent evidence to suggest that the applicant either accompanied the deceased or was involved in his disappearance or death. It is further argued that the incident allegedly occurred at Deoband, District Saharanpur, whereas the F.I.R. has been registered at Dehradun, rendering the same unsustainable in the eyes of law for want of territorial jurisdiction. 7. Learned counsel further contends that the alleged discovery under Section 27 of the Indian Evidence Act is inadmissible, as the applicant was arrested prior to the purported discovery being made, therefore, the applicant is entitled for bail. 8. Per contra, Mr. Akshay Latwal, learned A.G.A. appearing for the State would vehemently oppose the bail application. He submits that the applicant was arrested on 30.03.2025, and during investigation, a sum of ₹3,00,000/-, a mobile phone, and the Aadhar card of the deceased were recovered from the possession of the applicant. It is further submitted that from the co-accused, who happens to be the applicant’s maternal uncle, certain Fixed Deposit Receipts (F.D.Rs.) belonging to the deceased were also recovered. The applicant allegedly inserted the SIM card of the deceased into his own mobile phone, created a UPI ID, and transferred approximately ₹10.50 2025:UHC:9265 lakhs into his own bank account. 9. He would further submit that the applicant encashed a pre-signed cheque of ₹50,000/- in the name of his wife and another cheque of ₹1,70,000/- in the name of his father. Even prior to the alleged abduction of the deceased, the applicant had deposited a cheque of ₹2,00,000/- into his own account. It is further submitted that the police recovered the dead body of the deceased from the banks of the Ambehta Canal, and on the basis of evidence collected during investigation, the missing report was converted into the present F.I.R.; that, the prosecution case rests upon last seen evidence, which stands corroborated by medical evidence, the confession memo of the accused, statements of material witnesses, the recovery memo, and the post-mortem report, which discloses that the cause of death was asphyxia due to strangulation. 10. Learned State counsel would further submit that the argument of the applicant that the recovery under Section 27 of the Evidence Act is inadmissible as he was already under arrest, has no merit. It is well settled that even if an accused is in custody, any voluntary statement made by him leading to the discovery of a new fact related to the offence is admissible in evidence. In this case, the recovery was made on the basis of the applicant’s own disclosure while in police custody, and it is directly connected with the alleged offence. The evidentiary value of such recovery can be decided only during the trial. It is further submitted that the investigation is still ongoing, and granting bail at this stage may allow the applicant to influence 2025:UHC:9265 witnesses or tamper with evidence. Hence, the applicant is not entitled to bail at this stage. 11. Heard learned counsel for the parties and perused the material available on record. 12. It is evident from the record that the deceased was reported missing and was later found dead. The prosecution has brought on record material to show that certain bank transactions were carried out from the deceased’s account using his SIM card and UPI ID allegedly operated by the applicant. Recoveries of cash, mobile phone, Aadhar card of the deceased, and other related articles have also been made from the possession of the applicant and co-accused, who is his maternal uncle. 13. The investigation further reveals that the applicant was last seen with the deceased and that the post-mortem report confirms the cause of death as asphyxia due to strangulation. At this stage, the evidence collected prima facie indicates the involvement of the applicant in the offence. Considering the seriousness of the allegations, the nature of evidence, and the stage of investigation, this Court does not find it a fit case for grant of bail. 14. Accordingly, the bail application moved by the applicant is hereby rejected. (Alok Mahra, J.) 15.10.2025 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f 3e584af1449e430ef900bf09a6d6 7ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9ca bfd54852c9e68911ca8b66dd266 90a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.10.16 17:12:37 +05'30'