Ghaziabad, May 1: Dentist Nupur Talwar today failed to get any reprieve from a local court in the sensational 2008 double murder of her daughter Aarushi and domestic help Hemraj and will have to spend second night in jail after orders on her bail plea were reserved till tomorrow.
Additional District Judge S Lal reserved the order on the bail application of Nupur, who was sent to jail yesterday, after hearing arguments of her counsel as well as CBI, which opposed any relief to her.
Seeking Nupur's bail, her lawyers 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”.
In her written statement filed before the court, Nupur 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.
Unlike yesterday when the media was allowed in the court room during the proceedings, the scribes were today asked to leave by the Judge after Nupur's lawyers demanded that as per Supreme Court's order only parties and counsels should be allowed to be present.
Nupur said the Magistrate's court had not followed proper procedure as the CBI closure report was filed against her husband and three servants.
“The court has accepted the closure report qua servants and rejected the closure report qua husband of the applicant and issued summons for appearance to the applicant (Nupur) and in spite of the fact that the applicant was not shown as accused by the CBI in said closure report the court has added the applicant as one of the accused,” she said.
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.
Nupur said, “an impression has been created by the media which is overzealously following this case that the applicant is evading the process of law whereas the truth is the applicant was present before Supreme Court” on different dates.
In today's hearings, the lawyers said Nupur has roots in the society and also on the basis of parity with the case of her husband, she should also be given bail.
The defence counsels also said the finger prints lifted from the scotch bottle do not match with that of the parents and that CBI carried out examination of crime scene under ultraviolet light using Poly Light technology, which could reveal washed out blood stains even after years, but nothing came out of it.
These arguments got strong rebuttal from CBI which said the fact that the bottle had blood stains while no finger prints could be recovered show that someone had used gloves.
CBI public prosecutor R K Saini said Nupur wants 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. He said Rajesh's bail plea is still under judicial review and hence there was no question of parity.
Saini said the crime scene was dressed up and there was no blood on Nupur's clothes which was quite abnormal for a mother to not hug the body of her child found dead.
They also quoted statement of Dr Rohit Kochar who visited on the day Aarushi's body was found that there was no grief on the faces of Rajesh and Nupur.
Saini said if released she might tamper with the evidence.
She is an accused for alleged destruction of evidence as the body was “tampered with. Everything was tampered with,” he said.
The probe clearly indicates role of parents as there were no servants and no outsiders in the house at the time of the incident, he said.
Additional District Judge S Lal reserved the order on the bail application of Nupur, who was sent to jail yesterday, after hearing arguments of her counsel as well as CBI, which opposed any relief to her.
Seeking Nupur's bail, her lawyers 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”.
In her written statement filed before the court, Nupur 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.
Unlike yesterday when the media was allowed in the court room during the proceedings, the scribes were today asked to leave by the Judge after Nupur's lawyers demanded that as per Supreme Court's order only parties and counsels should be allowed to be present.
Nupur said the Magistrate's court had not followed proper procedure as the CBI closure report was filed against her husband and three servants.
“The court has accepted the closure report qua servants and rejected the closure report qua husband of the applicant and issued summons for appearance to the applicant (Nupur) and in spite of the fact that the applicant was not shown as accused by the CBI in said closure report the court has added the applicant as one of the accused,” she said.
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.
Nupur said, “an impression has been created by the media which is overzealously following this case that the applicant is evading the process of law whereas the truth is the applicant was present before Supreme Court” on different dates.
In today's hearings, the lawyers said Nupur has roots in the society and also on the basis of parity with the case of her husband, she should also be given bail.
The defence counsels also said the finger prints lifted from the scotch bottle do not match with that of the parents and that CBI carried out examination of crime scene under ultraviolet light using Poly Light technology, which could reveal washed out blood stains even after years, but nothing came out of it.
These arguments got strong rebuttal from CBI which said the fact that the bottle had blood stains while no finger prints could be recovered show that someone had used gloves.
CBI public prosecutor R K Saini said Nupur wants 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. He said Rajesh's bail plea is still under judicial review and hence there was no question of parity.
Saini said the crime scene was dressed up and there was no blood on Nupur's clothes which was quite abnormal for a mother to not hug the body of her child found dead.
They also quoted statement of Dr Rohit Kochar who visited on the day Aarushi's body was found that there was no grief on the faces of Rajesh and Nupur.
Saini said if released she might tamper with the evidence.
She is an accused for alleged destruction of evidence as the body was “tampered with. Everything was tampered with,” he said.
The probe clearly indicates role of parents as there were no servants and no outsiders in the house at the time of the incident, he said.
