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Sessions court rejects bail plea of Chintan Upadhyay

The court, presided over by judge Dr Khwaja FM, in its order maintained that in the existence of prima facie evidence it is certainly not the case where discretion has to be exercised as a matter of course.

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The Dindoshi sessions court on Wednesday rejected the bail application filed by Chintan Upadhyay, the estranged husband of deceased artist Hema Upadhyay. Chintan is accused of murdering his wife and her lawyer Harish Bambabi. The court, while rejecting the bail, held that there is a possibility that Chintan might tamper with the evidence and intimidate the prosecution witnesses. Also, if released on bail, he might flee to escape prosecution, it held.

The court, presided over by judge Dr Khwaja FM, in its order maintained that in the existence of prima facie evidence it is certainly not the case where discretion has to be exercised as a matter of course. "Needless to emphasise that the punishment prescribed for offence is death or imprisonment of life. Two persons, including a lawyer, are eliminated out of hatred. Even possibility of fleeing from justice, vis-a-vis hampering the investigation, in case the wanted accused Vidyadhar Rajbhar is apprehended, cannot be ruled out," reads the order.

The court held that the grant of bail, however, being a discretionary power, such discretion has to be exercised in a judicial manner and not as a matter of course. "Besides the nature of accusations, severity of punishment, nature of evidence in support of accusation as reasonable apprehensions of witnesses being tampered and likelihood of fleeing from justice and circumstances which are peculiar to the accused are to be taken into consideration," the court said.

The prosecution, through its arguments, had contended that at the time of deciding the bail application the court should look at the prima facie material and should not go into the merits of the case and appreciation of evidence, and should take into consideration the seriousness of offence.

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