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Hema Upadhyay-Haresh Bhambani murder case: 5 years later, 1 accused on run, 10 witnesses examined
After more than four years in jail and five rejected bail pleas, artist Chintan Upadhyay’s sixth bail plea will be heard on Thursday in the Bombay high court (HC).
After more than four years in jail and five rejected bail pleas, artist Chintan Upadhyay’s sixth bail plea will be heard on Thursday in the Bombay high court (HC).
Upadhyay is the main accused in the double murder of his estranged wife and artist Hema Upadhyay and lawyer Haresh Bhambani.
Since his arrest on December 22, 2015, Upadhyay has filed for bail repeatedly. After his applications were rejected by magistrate, sessions and the Bombay high court, Upadhyay moved Supreme Court (SC) for bail in December 2018.
In February 2019, Maharashtra state submitted an affidavit that opposed the bail plea but assured the trial would be concluded within nine months. While rejecting Upadhyay’s plea, the SC bench of justices RF Nariman and Vineet Saran had noted, “If the trial is not concluded within a period of nine months, it will be open to the petitioner to apply for bail afresh.”
Despite the state’s assurance of a prompt trial, the first witness in the double murder case was examined on August 22, 2019. So far, the prosecution has examined 10 witnesses, none of whom are directly linked to the murders.
Advocate Bharat Manghani, representing Upadhyay, said, “The prosecution had voluntarily made a statement in SC during his bail plea that they will conclude the trial within nine months and that period is long gone. Till date, merely 10 witnesses are examined. Why do they make such statements if they can’t stand by it? There is no iota of material to connect Chintan with the alleged crime.”
Special public prosecutor Vaibhav Bagade said, “The trial presently is stuck because of the pandemic situation. We are ready with all the witnesses and evidences to present it before the court as soon as the situation becomes normal.”
According to Mumbai Police, which submitted a 1,658-page charge sheet in the case in March 2016, it was upon Upadhyay’s instructions that Hema and Bhambani were murdered by metal fabrication artist Vidyadhar Rajbhar. The police believe Upadhyay and Hema’s divorce case and property dispute had led him to plot the murders.
Rajbhar allegedly killed Hema and Bhambani on December 11, 2015 and the bodies were then disposed of by his associates Shiv Kumar Rajbhar, Pradip Kumar Rajbhar, Vijay Kumar Rajbhar and Azad Rajbhar. The bodies were discovered on December 12 and within days, Shiv Kumar, Pradip Kumar, Vijay Kumar and Azad were arrested as was Upadhyay. Rajbhar remains on the run.
A key element of Mumbai Police’s case against Upadhyay was Pradip Kumar’s statement. However, in June 2016, he retracted the confession, saying it was extracted from him under duress. Mumbai Police maintains the case against Upadhyay remains strong, with statements of 60 other witnesses and call detail records (CDR) that prove contact between Rajbhar and Upadhyay.
So far, Rajbhar is at large. According to Mumbai Police’s crime branch, he has not been in touch with his family, including his wife and daughter. “We have checked their CDRs as well but the accused has never contacted them. The last time we got to trace his location was on February 2, 2016, when Vidyadhar had called his brother-in-law to check on the family’s well-being from a different number and a different mobile,” said an officer.
The police were able to trace Rajbhar to Assam but his mobile phone was switched off on February 10, 2016, and there has been no update since then.