Chintan's lawyer: Bail is merited since cause of death not even established yet, no evidence against artist

MUMBAI: Senior counsel Niteen Pradhan appearing for artist Chintan Upadhyay pointed out that in a murder case, when the cause of death itself was still not established as being homicidal, it would be wrong to keep an accused in continued custody. He had moved for bail following his arrest last December in the double murder case of his wife Hema and her lawyer Haresh Bambhwani whose bodies were found in a suburban ditch.

Pradhan who was arguing for Chintan's bail said three main points arise for the court's consideration. They included that the police have not shown what could be the motive or that he was part of any preparatory acts or conspiracy. "It requires a meeting of minds and police have not even shown any calls between the accused to show that Chintan was aware of what was happening." He said, the case was "purely circumstantial" and an allegation by Hema's relative that she had told him about her fear that Chintan would kill her, has no teeth as she had never mentioned such fear in court during her divorce case, even in the recent proceedings in the High Court. "She had over Rs 4 crore in fixed deposits" at the time of her death, he said dismissing any role attributed to Chintan in the murder case.

Lawyer Kadar Sayani for intervening Borivli Bar questioned the timing of the bail plea, even before the chargesheet was filed. The court will hear the prosecutor's arguments on Friday now.

Pradhan said even in the family court proceedings, the court had ruled in favour of Chintan and granted him his divorce after holding that Hema was responsible for inflicting mental cruelty by making false and wild allegations without substantiating them. Pradhan also said that the family court had not granted her interim alimony either.