The Bombay High Court on Thursday rejected the bail application of artist Chintan Upadhyay, held for the murder of his former wife Hema Upadhyay and her lawyer Harish Bhambhani.
No direct evidence
Senior counsel Raja Thakare, appearing for Chintan Upadhyay, argued before justice Sadhana Jadhav that there was no direct evidence with the prosecution to prove his role in the case. Thakare claimed that the police were mostly dependant on an alleged meeting between Chintan and the Rajbhar brothers in Chembur.
"They claim the meeting took place between Chintan and the main accused Vidyadhar Rajbhar and the other Rajbhar brothers in the Diamond Garden area of Chembur. But the cell phones of the accused clearly show they were at home in Kandivali during the said time."
"Also, he was in Chembur to meet his friend in Gulab View society and was present during the said period at his home," said Thakare.
Meanwhile, assistant government pleader Vira Shinde, who represented the police, told the justice that the cops have various kinds of evidence against Chintan, including a diary where he wrote that he would kill those who have troubled him.
Regarding the alleged Chembur meeting, Shinde said, "Chintan had himself asked them to keep their phones at home while coming to Chembur, so the location shown to the police is of Kandivli.
But, he had given them a different phone while committing the murder." Shinde also told the court that it was Chintan's plan to ask them to call Hema, telling her that they had evidence of him sleeping with a girl and kill them once they arrived.
Shinde told the court that Chintan mostly stayed in Mumbai for only three to four days, but before the murder, he had stayed in the Juhu flat with Hema from December 1 to 8. A worried Hema had also written to Harish's wife Anita about his extended stay.
Not fit to grant bail
Justice Jadhav rejected the bail and said, "There is more than sufficient material to show that Chintan nurtured a grudge against Hema and he expressed this in his diary and also said that he wanted to eliminate her."
"Going by the conduct of the applicant before and after the incident this court feels this is not a fit case to grant bail at this stage," the judge said.
- With Agency inputs