Double Murder Of Mumbai Based Female Artist & Her Lawyer: Supreme Court Grants Ex-Husband Bail After Six Years

A division bench of Justices L Nageshwar Rao and BR Gavai cited the slow progress of the trial and the Upadhyay's incarceration of over six years while granting bail. The Court, however, imposed strict bail conditions, disallowing Upadhyay from living in Mumbai.

"The petitioner has been in custody for nearly 6 years. The trial is in progress and 28 witnesses have been examined and 12 witnesses are yet to be examined. Having scrutinized the record and after hearing the learned counsel for the parties, we are of the opinion that the petitioner is entitled for bail having been incarcerated for nearly 6 years."

"The petitioner shall reside in any place other than Mumbai and shall visit Mumbai only for the purpose of attending the Court."

On December 22, 2015, Upadhyay was arrested, just 11 days after his wife Hema Upadhyay and Bhambhani's bodies were found gagged inside cardboard boxes floating in a nullah in a Mumbai suburb.

The Dindoshi Sessions Court charged Upadhyay and four others for alleged offences of Sections 302 (murder), 396, 201(destruction of evidence), 109 (abetment), and 120B read with 34 of the IPC.

It's the prosecution's case that property disputes and enmity following the couple's divorce led him to plot the murder. The police claimed that it was on Chintan's orders that fabrication artist- Vidyadhar Rajbhar- killed the wife Hema Upadhyay and her lawyer.

Upadhyay's bail application was rejected by the trial court and High Court. However, even the SC rejected his bail application on February 14, 2019, after the state undertook to complete the trial within 9 months.

Finally, Chintan re-approached the Supreme Court for bail earlier this year and was granted relief the day before.

Senior Advocate Raja Thakre assisted by Advocate Bharat Manghani, argued a delay in the trial. They produced a chart showing that the trial was delayed due to adjournments sought by the prosecution, lengthy cross-examinations by other co-accused lawyers, and the Court was unavailable on several dates.

The prosecution led by Advocate Rahul Chitnis opposed relief to Upadhyay and pointed out the examination of 29 witnesses and the fact that only 12 more were to testify.

Prime Accused Still On The Run

While accused Vijay Rajbhar, Pradeep Rajbhar, Shivkumar Rajbhar and Azad Rajbhar are on trial along with Upadhyay, the prime accused Vidyadhar is absconding since the murders.

Bail Condition Include:

(a) The petitioner shall reside in any place other than Mumbai and shall visit Mumbai only for the purpose of attending the Court.

(b) Not attempt to influence the witnesses.

(c) Surrender the passport and provide place of residene to the Trial Court within a week.

(e) Report to the local police station at the place of his residence on the first date of every month.

(f) Trial expedited. To be preferably completed within six months.