Will Allahabad HC cancel Rajesh Talwar's bail today?

With the Ghazibad Sessions Court refusing to grant bail to Nupur Talwar, her husband and co-accused in the Aarushi-Hemraj double murder case, Rajesh, is now in danger of being sent to jail himself. The Allahabad High Court is scheduled to hear a a petition by the CBI seeking cancellation of his bail later on Monday.

Rajesh Talwar received bail by the Supreme Court, and in March, the Ghaziabad Sessions Court extended it to 11 April. The CBI had told the court that the agency wanted the bail to be cancelled as it was conditional and so Dr Rajesh Talwar should be arrested and he should seek fresh bail. They later filed a petition in the Allahabad High Court in the first week of April, challenging the sessions court decision.

Interestingly Nupur Talwar’s legal 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.

Nupur Talwar was taken into judicial custody last 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. The Ghaziabad sessions court later denied her bail on the basis that she was prima facie accused in a murder case, and was liable to flee.

The sessions court decision was contested in the Supreme Court, but the apex court refused to interfere with the decisions of the lower courts. Talwar has one more bail plea pending before the Allahabad High Court. Its decision on her husband’s bail is likely to be a good bellwether of what fate awaits Nupur, who has been in the Dasna jail for a little over a week now.