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HindustanTimes Sat,23 Aug 2014

Nupur moves SC after CBI court denies her bail

PTI  New Delhi, May 02, 2012
First Published: 14:18 IST(2/5/2012) | Last Updated: 22:13 IST(2/5/2012)

Dentist Nupur Talwar on Wednesday moved the Supreme Court seeking bail in the case of twin murder of her daughter Aarushi and domestic help Hemraj four years ago in Noida.

Nupur, who is in judicial custody, filed a fresh plea for bail in the pending petition before the apex court in which she has sought review of its decision giving a go ahead to criminal prosecution against her and her dentist husband Rajesh Talwar.

Talwars' lawyers clarified that they have not challenged Wednesday's order of a Ghaziabad court denying bail to Aarushi's mother. "In fact, an application for bail has been filed in the pending review petition which is likely to be listed for hearing on Friday," their counsel said.

The apex court had on March 15 decided to hear in open court the petition filed by the dentist couple seeking review of its January 6 order in which it had cleared the decks for the couple's trial in the murder case by dismissing their plea to quash criminal proceedings against them.

In between, a non-bailable warrant was issued by the Special CBI court in Ghaziabad after the Allahabad high court had withdrawn the protection given to her.

After that Nupur had approached the apex court seeking bail and protection from arrest. However, the apex court had on April 27 directed her to surrender on April 30 before the trial court in Ghaziabad.

After the CBI court had dismissed her plea, she was sent to the judicial custody.

Earlier on Wednesday, Nupur was denied bail in the sensational 2008 double murder of her daughter Aarushi and domestic help Hemraj by a special CBI court which felt she may create hindrance in trial and flee from justice if granted relief.

The court of additional district judge S Lal, which had reserved the order on the bail application of Nupur on Tuesday, said that while prima facie she was accused of killing her own progeny and the servant who came from Nepal, she may also create hindrance in smooth disposal of trial if given a bail.

Ordering 14-days judicial custody, the court, in its four-page order, also said that Nupur may flee from justice to delay the trial in the case.

Nupur, who was taken to Dasna Jail immediately after the order, will appear in the court of Special CBI Magistrate who is expected to commit the case to sessions for trial.

Seeking Nupur's bail, her lawyer GP Thareja had earlier said that she and her husband Rajesh Talwar, also a dentist, had undergone all sorts of scientific tests like polygraph, brain mapping and narco analysis which were "clean like a whistle".

CBI public prosecutor RK Saini had countered that Nupur wanted to get out of the clutches of the court as despite repeated warrants, bailable and non-bailable, she did not appear before Magistrate's court until Supreme Court directed her to do so.

Teenager Aarushi was murdered on the intervening night of May 16-17, 2008 at her Noida residence and the next day the body of domestic help, Hemraj, was found on the terrace of the house.

In her written statement filed before the court on Tuesday, Nupur had said that she "stands on a better footing viz-a-viz case of other accused Rajesh Talwar" who is on bail.

Rajesh was granted bail on July 11, 2008 after spending 50 days in Jail.

The CBI had contested the claim, saying Rajesh's bail plea was still under judicial review and hence there was no question of parity.



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