Special Central Bureau of Investigation (CBI) Judge S. Lal heard arguments from Nupur Talwar's lawyer and those of the CBI on her bail plea and reserved the order till Wednesday.
Nupur Talwar, who spent Monday night at the Dasna Jail, was not in court as her lawyers argued that she be given bail. Her dentist husband, Rajesh Talwar, who is already out on bail, was not in court either.
Nupur Talwar's lawyers argued that there was no scientific evidence against her in the twin murders of her 14-year-old daughter Aarushi and their domestic help Hemraj May 16, 2008, at their Noida residence. While Aarushi's body, with her throat slit, was discovered first, the body of Hemraj was found later from the terrace of the house.
If the main gate of the house was bolted from outside, they said, how could the CBI justify its stance ruling out involvement of an outsider. The third point put forward was that Nupur Talwar was the mother of a child and she had bought her a camera just a day earlier, so how could she be a suspect in the killing of her own daughter.
The CBI argued that the Talwars had tampered with evidence and opposed Nupur Talwar's bail.
Nupur Talwar's counsel G.P. Thareja said that the CBI in its closure report submitted Dec 29, 2010 that "after consideration of evidences during investigation no sufficient evidence was found against Dr. Rajesh and Dr. Nupur Talwar hence a closure report is being submitted".
Praveen Rai, another counsel defending Nupur Talwar, said: "When it (CBI) submitted the closure report and clearly mentioned that there was no sufficient evidence and the chain of events was not complete, how could it turn its closure report into a charge sheet with strong evidence."
"No scientific tests, including brain mapping, psychological examination, narco-analysis, DNA test, polygraph and other forensic tests, including finger prints matching and matching of blood stains on clothes, have indicated their (Talwars') involvement in the crime," he said.
Seeking bail for Nupur Talwar, her lawyers said that her passport was with the court and there was no apprehension of her fleeing the country.
Thareja highlighted the merit in her bail plea and said other suspects, including Krishna, Vijay Mandal and Raj Kumar, were granted bail by then CBI Special Judge Rama Jain. Rajesh Talwar was also granted bail, so Nupur Talwar should also not be deprived of her liberty.
Opposing Nupur Talwar's bail, CBI counsel R.K. Saini said the Talwar couple had tampered with evidence by dressing up the crime scene.
He said her lawyers were trying to mislead the court and the Supreme Court's direction for expeditiously hearing the bail plea was not a binding on the CBI special court as it was related to another magistrate court.