Summary:
The police had claimed that there was a diary entry where Upadhyay had referred to his enmity towards Hema. He had submitted that there was “not enough material" against him and questioned the submissions made by the prosecution to try him for murder. There “was undue delay hence he deserved bail,’’ he said.But the state’s advocate Nishant Katneshwarkar submitted an affidavit to have his plea dismissed. Luthra also pointed out that there was no special prosecutor yet appointed, despite the state seeking time last month to appoint one. It pointed to his "conduct" of filing applications to try and protract the trial..