The CBI court in Ghaziabad rejected Talwar's bail application. While passing the order CBI judge S. Lal observed: "I am not inclined to exercise the discretion in favour of accused applicant to grant bail."
After hearing arguments from both sides, judge Lal in his order said: "There is prima facie evidence to suggest the involvement of the accused (in the murder)."
Mentioning details of the arguments, the judge stated that the defence counsel had submitted that the applicant is "completely innocent", the closure report in the case had already been submitted and there is no iota of evidence. But despite that she has been "erroneously summoned" by the magistrate to stand trial.
The defence counsel said Talwar is a respectable citizen and the scientific tests had found no deception. The defence also said that there is no chance of Talwar fleeing from the trial, and she is entitled to bail.
The prosecution, in their argument, said that she had been evading appearance before the court. She might hamper the expeditious trial of the case as directed by the Supreme Court if allowed bail and may also flee from justice and create hindrance, they argued.
"Legal history replete with instances of matricide, patricide and fratricide and everything is possible in the modern era where moral values are fast declining and one can stand at lowest extent. She is accused of killing her own progeny who was in her teens, apart from killing domestic help Hemraj who had come from Nepal for his livelihood. Both were found murdered on the intervening night of May 15-16 May, 2008 while the applicant was asleep along with her husband on that fateful night.
"She is also accused of obliterating the evidence of commission of offence in the twin murders," the prosecution said.
"There is prima facie evidence to suggest the involvement of the accused," added the special CBI judge in his order.
On Tuesday, the bail application of Talwar was reserved by the same court. Judge S. Lal heard arguments from both sides and kept the order reserved to be pronounced Wednesday.
While arguing for her regular bail, lawyer G.P. Thareja submitted that the CBI in its closure report on Dec 29, 2010, said 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.
"No scientific tests that includes brain mapping test, psychological examination test, Narco test, DNA test, polygraph tests and other forensic tests including finger prints matching and blood stains on clothes have not indicated their involvement in the crime at all," argued another lawyer Praveen Rai, defending Nupur Talwar.
"When the main gate of the house was found bolted from outside, how could the CBI justify that there was no entry of an outsider in the house," lawyer Praveen Rai raised serious questions on the CBI.
Lawyer Thareja argued that the other suspects - Krishna, Vijay Mandal and Raj Kumar - were granted bail on merits by then CBI special Judge Ms. Rama Jain. Nupur's husband, Rajesh Talwar had also been granted bail, so she - who is a victim not an accused - should not be deprived of her liberty after the traumatic jolt of the murder of her daughter.
Opposing Nupur Talwar's lawyer's bail pleas, the CBI counsel R.K. Saini submitted that the Talwar couple have tampered with evidence. They had heavily dressed up the crime scene. He said Talwar's lawyer was trying to emotionally mislead the court and the direction of the Supreme Court for expeditiously hearing the bail was binding on the magistrate court, not on the session’s court. The process of law has to follow, so in view of the facts, the CBI has submitted that interim bail not be granted.
Earlier, CBI magistrate Priti Singh rejected the bail plea of Nupur Talwar. Her lawyer then filed her bail application before the session’s court.
Nupur Talwar was taken into custody Monday morning, shortly after surrendering before a special court hearing the case. She applied for bail immediately after her arrest, but the Central Bureau of Investigation (CBI) opposed the plea.
She was facing a non-bailable warrant issued by the court of special CBI magistrate here after she failed to appear in court as directed by the CBI special magistrate Priti Singh.