Jail for Nupur Talwar as Sessions court denies bail

New Delhi: The Ghaziabad sessions court has refused to grant bail to Nupur Talwar, one of the two accused in the Aarushi Talwar - Hemraj double murder case. Nupur Talwar has been lodged in the Dasna jail for two days awaiting the bail order, where she was also reportedly on a fast.

The lawyer for the CBI speaking to Firstpost, said that bail had been denied on the basis that she was prima facie accused in a double murder, and that there was a possibility that she could flee from trial. The judge had reportedly given a three and a half page order, but no other details were immediately available.

The judgement says, “She can create hinderance in smooth disposal of trial despite direction from the Supreme Court and she can delay the trial by fleeing”.

Nupur Talwar was taken into judicial custody on Monday when she surrendered before the CBI Special Court as per a Supreme Court directive, that also refused to cancel a non bailable warrant issued against her by the same court. She applied for bail immediately, but the request was denied on the basis that the CBI special court had no jurisdiction to grant bail. Following the refusal, her lawyers filed a petition before the sessions court which reserved its order until today.

With her bail plea rejected, it is likely that Talwar’s lawyers will possibly move the Allahabad High Court. However, this would mean that she might have to spend the next eleven days in jail, as the Allahabad HC hears bail pleas only ten days after the initial date of filing. However Nupur Talwar’s lawyer Avinash Kumar told Firstpost that they are considering their next course of action, and as of now they have not yet moved the Allahabad High Court for bail.

Her team sought bail for her on the grounds of parity. They argued that since Rajesh Talwar – who is a co-accused in the case – is on bail, Nupur should be granted the same privilege.

The defence also argued, citing a series of scientific investigations including narco analysis, a lie detector test, brain mapping, finger prints and a DNA test that have gone in her favour – that the CBI has found no evidence against Nupur Talwar. They brought up the Supreme Court’s ongoing hearing of Nupur’s petition where she has challenged the trial court’s order to put her and her husband on trial.

It also invoked the fundamental principles of bail – seeking exception on the grounds that she is a woman.

The CBI has opposed the bail applications on the basis of Nupur Talwar’s past conduct of surrendering before the trial court only after she was directed to do so by the Supreme court. The CBI counsel also told the court that she was liable to flee and made the rather fantastic claim that she could tamper with evidence. (It is four years since the murders took place and a year and a half after the CBI filed closure report.)

The CBI also contested the defence argument that there is no fingerprint evidence against her because the evidence had been “tampered with.” The Defence refuted the allegation.