Dentist Nupur Talwar, the mother of murdered teenager Aarushi, will have to spend another night in jail with a special court reserving its order on her bail plea till today.
Special Central Bureau of Investigation (CBI) Judge S Lal heard arguments presented by Nupur’s lawyer and those of the CBI on her bail plea yesterday.
Nupur, who spent Monday night at the Dasna Jail, was not in court as her lawyers argued that she be given bail. Her husband, Rajesh Talwar, who is already out on bail, was not in court either. Nupur’s lawyers argued that there was no scientific evidence against her in the murders of her 14-year-old daughter and their domestic help Hemraj on May 16, 2008, at their Noida residence.
The CBI justified its stance on ruling out involvement of an outsider as records indicate that the main gate of the house was bolted from outside.
The third point put forward was that Nupur had bought Aarushi a camera merely a day earlier, so how could she be a suspect in her murder.
The CBI argued that the Talwars had tampered with evidence and opposed Nupur’s bail plea.
Nupur’s counsel G P Thareja said that the CBI, in its closure report submitted December 29, 2010, stated, “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, said, “When it (CBI) submitted the closure report and clearly mentioned that there was insufficient evidence and the chain of events was not complete, how could it turn its closure report into a charge sheet with strong evidence?”
He added that no scientific tests, including brain mapping, psychological examination, narco-analysis, DNA test, polygraph and other forensic tests, including finger prints and matching of blood stains on clothes, have indicated the Talwars’ involvement.
While seeking bail for Nupur, her lawyers said that their client’s 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 should also not be deprived of her liberty. Opposing Nupur's bail, CBI counsel R K Saini said the Talwars 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 special CBI court, as it was related to another magistrate court.