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Updated: June 12, 2012 15:59 IST

Nupur Talwar’s bail plea rejected

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Nupur Talwar being taken to jail after she was produced in a CBI court in Ghaziabad in this file photo.
Nupur Talwar being taken to jail after she was produced in a CBI court in Ghaziabad in this file photo.

The bail plea of Nupur Talwar, lodged in Dasna jail in connection with the murder of her daughter Aarushi and domestic help Hemraj for a month now, was on Thursday rejected by the Allahabad High Court. A single-judge Bench of Justice Arvind Kumar Tripathi turned down the application.

Dr. Nupur Talwar had moved the High Court after her plea for bail was rejected by a special CBI court at Ghaziabad earlier this month. Her counsel Amit Srivastava said they may move the Supreme Court against the High Court order.

According to CBI counsel Anurag Khanna, the court rejected Dr. Nupur Talwar's submission that she should be released on bail as in the case of her husband Rajesh Talwar. The couple, both dentists, are facing trial in the twin murder case.

“We had strongly opposed this submission and pointed out that Dr. Rajesh Talwar has been granted an interim bail and not a regular bail,” he said. “In fact, a petition filed by us [CBI] is pending before the High Court, whereby we have sought cancellation of his interim bail as the same was extended by the trial court after its expiry.”

Extensions are granted only in the case of regular bail and not interim bail. “So, technically, he now has to obtain a regular bail in order to be out of custody,” Mr. Khanna said.

Fourteen-year-old Aarushi was found dead in her bedroom at the Talwar's residence in Noida on the intervening night of May 16-17, 2008. Hemraj's body was found on the terrace on May 17.

Dr. Nupur Talwar contended there were many inconsistencies in the investigation carried out by the CBI and claimed the probe agency had given her a clean chit in its closure report, though a lower court had nevertheless chosen to go ahead with the trial.

On its part, the CBI said Hemraj's body was found on the terrace with the door bolted, though the couple normally kept it open and that they had initially refused to identify him upon the recovery of his body.

“These things can be treated as evidence of their complicity in the crime,” Mr. Khanna said. “Our stand was that the court had the power to commence the trial, notwithstanding the probe agency's opinion, if it found enough evidence for the same.”

“Moreover, we also pointed out before the Court that under Section 106 of the Evidence Act, the onus of proving that the dentist couple was away when the crime was committed or that some third person had entered their house at that time, lay with them. But no such effort has been made on their part which again lends weight to the suspicion against them and may have weakened Dr. Nupur Talwar's case,” he added.

Mr. Srivastava said: “We appear to have failed in convincing the court that our client deserves to be released on bail. Now, the only choice left before her is to move the Supreme Court. A decision to this effect will have to be taken by her after she receives the court order rejecting her bail.”

Dr. Nupur Talwar has been in jail since her surrender before a Ghaziabad court on April 30. Holding that there wa prima-facie evidence, the Ghaziabad court had ordered framing of charges of murder and destruction of evidence against the couple.

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This is the propaganda by corrupt police and CBI , To coverup their inadequacy in not taking the evidence properly thus loosing all the evidence now parents are the scapegoats .If they found any problem with the postmortem why did they release the body of the girl? It means they found the case straight forward at that time. Only when the 2nd body was found their blunder became evident. After that all these conspiracy against parents started. Why have we not heard from immediate neighbors who were at the house after few minutes of parents and maid finding the body? Even the police were there within 10 minutes. Why did they not mention then that the place is cleaned up that time itself instead of trying to locate Hemraj in Nepal? That means the place was not cleaned up by the parents. This is bullshit propaganda. Police basically released the body then waited for the cremation ,then accused the parents through the media. They somehow want them to shut up now.

from:  akku
Posted on: Jun 3, 2012 at 20:09 IST

Police and CBI incompetence covered up by framing the parents. Shocking
indeed. The CBI first cleared the parents, now it says there is no
evidence against them, but even so the trial goes on? A mockery and a
travesty of justice. When the UP police destroyed all the evidence at
hand due to their bungling, were the parents supposed to have supervised
their work and ensured that it was honest and professional?

from:  Shyam Lala
Posted on: Jun 1, 2012 at 11:02 IST

From the way the whole episode has unfolded so far,one is left with a lurking doubt that the murders could very well be another
classic case and an example of honor killing.If,as the Talwars claim,that the murders were not committed by them,one is set on inquiry as to how the domestic help's body could have been transported to the terrace of the Talwar residence by someone else when the terrace door was locked from within.Well,the proceedings of the trial and the outcome would make for interesting watching/reading.

from:  Raj Kumar
Posted on: Jun 1, 2012 at 06:32 IST

The wheel of justice turns very slow. But it does, indeed! Truth must prevail and the guilty punished.

from:  A. Mohan
Posted on: May 31, 2012 at 18:25 IST

Well said Chilukuri, God is great. He will definitely punish the real

from:  anon
Posted on: May 31, 2012 at 18:23 IST

Even at this point of time Nupur can come out clean.At least the departed souls will
pardon her.
Pl do not further tarnish the image of 14 yr girl who left this world.During cross
examination many unwanted details which could only damage the reputation of the
departed souls may come out.Your reputation along with your arrogant husband has
already gone for a toss.
What else is left for you to defend

from:  DLF BALU
Posted on: May 31, 2012 at 17:45 IST

the matter is not poperly opened ,may true is back.....

from:  azad
Posted on: May 31, 2012 at 17:43 IST

Any mistake in this case shall be punished with 'hanging' the culprit within a day whoever does it. God is there to punish the guilty in this case!

from:  M V Chilukuri
Posted on: May 31, 2012 at 16:01 IST
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