The Supreme Court may decide on Nupur Talwar's bail plea today as lawyers for both her and the Central Bureau of Investigation (CBI) will argue their cases. Mrs Talwar and her husband Rajesh Talwar, both dentists, are accused of killing their 14-year-old daughter Aarushi and their domestic help Hemraj at their home in a Delhi suburb in May 2008. Mrs Talwar has been lodged in Ghaziabad's Dasna jail since April 30.
Mrs Talwar's bail application says that the investigation by the CBI is over and the chargesheet has been filed in the case. Since her husband is out on bail, her bail should be considered on parity with him.
However, the CBI is opposing her bail. The investigating agency, in a 30-page affidavit, said last Thursday that Mrs Talwar "is likely to tamper with the evidence and abscond in case she is released on bail".
"The evidence so far recorded before the trial court is incriminating and hence there is every likelihood that the petitioner (Nupur Talwar) may abscond in the event of release on bail," the CBI had told the Supreme Court.
The CBI, in its affidavit, also said that the accusation of "double murder and destruction of evidence" against Mrs Talwar were "well founded and evidence has started coming in."
The investigating agency said that it had already moved the high court challenging a magistrate court's order granting bail to Rajesh Talwar.
Aaurshi was found with her throat slit on the night of May 16, 2008, a few days short of her 14th birthday. Mr Talwar told the Noida police that Hemraj was missing. The Nepalese domestic help became the prime suspect and the police dispatched search teams to locate him at his village. However, a few hours later, Hemraj was found dead on the Talwars' terrace.
A CBI court charged the Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the Indian Penal Code (IPC). In addition to these, the court charged Mr Talwar under section 203 (giving false information in respect of an offence committed) of the IPC.
The dentist couple says that the CBI, which has been investigating the case, is pinning the double-murder on them because it has not been able to find the real killer. The evidence against them is circumstantial. The CBI believes that a golf club recovered from their home in Noida matches the injuries found on the victims. The fact that the house was not broken into on the night of the murders suggests that the couple is responsible, the agency has said in court.
(With PTI Inputs