The Central Bureau of Investigation (CBI) strongly opposed the bail application of Dr Rajesh Talwar on Thursday.
CBI counsel R.K. Saini stated before the court that it was mentioned in the FIR that Talwar, when asked about Hemraj, had said “Hemraj mera naukar tha” (he was my servant). Saini argued that the very fact that Talwar mentioned Hemraj in the past tense meant that he knew that Hemraj was dead prompting Talwar's defence counsel to raise objection that he was playing with words.
The agency questioned as to how was it possible that Talwar or his wife could not have heard the screams of their daughter when they were just five feet away from the scene of crime.
Rejecting the bail application, the judged noted that “the conduct of Talwar is also such that in the FIR he has alleged that his daughter was murdered by his servant who disappeared from the house last night, while according to the statement recorded under 161 CrPC he inquired in the morning from his wife as to where servant Hemraj had gone and to this his wife had replied he might have gone for some work”.
Defence counsel Satish Tamta said the CBI has two different versions to the case. One points towards Talwar and the other points towards Krishna and there is no co-relation between the two accused.
Tamta said the CBI has no other evidence against Talwar other than the statement under 161 CrPC. He added that most medical tests have been conducted on him; Talwar and his family have made themselves available to the investigating agency as and when required; the family owns immovable property and is an income-tax payee and is not going to run away anywhere. They are also ready to submit his passport to the investigating agency, he said.
The defence also argued that the CBI had never told the court that the accused is involved in the crime, either alone or with others, and that the murder weapon has not been recovered. The CBI counsel said that Talwar had accused that Hemraj had an “evil eye” on his daughter Aarushi.
On May 17, Talwar had called the police and said that some important details things related to the case may be available on the roof of the house. He wanted to open the lock but the keys had gone missing. Later when the lock was broken, Hemraj's body was found on the terrace.
Meanwhile, the agency is likely to receive the DNA report from the Ahmedabad FSL on the blood recovered from the terrace and rooms of the deceased.
Talwar’s counsel also suggested to the court that his client would even shift his residence near the CBI headquarters, if the probe agency desires so.