New Delhi: Murdered teenager Aarushi Talwar's mother Nupur was sent to the Dasna jail on Monday as the sessions court refused to grant her an interim bail and said that it would continue to hear the petition on Tuesday. Nupur had moved the sessions court against the Central Bureau of Investigation (CBI) special court order which had rejected her bail application in the Aarushi-Hemraj murder case.
Nupur, a dentist by profession, broke down on hearing the decision of Additional District and Sessions Judge Shyamlal who rejected her interim bail plea and posted the application for regular bail for hearing on Tuesday.
She would have to spend at least Monday night and was lodged in barrack number 13 of the district jail where her husband Rajesh had earlier spent 50 days after his arrest in the case.
A shattered Nupur, who had the company of her husband and a few relatives in the special CBI court where she was waiting in judicial custody, was taken by women constables in a police van to Dasna jail.
On Tuesday, the sessions court will continue to hear her regular bail application. In case the sessions court rejects her plea, Nupur has the option of approaching the High Court and then the Supreme Court. Her legal team couldn't prevent her from being taken into judicial custody, but now they will make every effort to make sure she gets out as soon as possible.
On a dramatic day of court hopping, Nupur failed to get relief from a Special CBI court before which she surrendered on Monday morning following a Supreme Court directive to her to do so.
In the sessions court, Nupur's lawyer argued that an interim bail should be granted to her because if she is jailed it would affect her reputation. The lawyer said that bail should be granted till the time proper hearing of bail application was done while claiming that the CBI itself has said that the agency does not have enough evidence against her.
Her bail application before the special court was rejected following opposition from the investigating agency. She has been sent to the Dasna jail and will spend at least one night there.
"I am placed in the same situation as my husband since he is on bail I should also be granted interim bail. My roots are in Delhi so I shall not run away. The order itself is challenged since the review petition is still pending before the Supreme Court," her lawyer had argued before the sessions court.
But the CBI countered her by saying that Nupur's bail plea is not a usual case as the accused has been using every pretext to stay away from court and has been preventing the movement of the case. After hearing the arguments the Additional Sessions Judge reserved the bail order.
The CBI had opposed the bail plea of Nupur, saying she had been evading the court and the investigation from the beginning.
Nupur had argued in her bail plea that she was a woman and that she was under tremendous stress and trauma as her daughter had been killed. However, the CBI countered pointing out that Talwars' domestic help Hemraj had also been murdered.
The CBI had further contended that the magistrate court could not grant the bail as the Allahabad High Court and even the Supreme Court have already heard the plea.
Nupur Talwar had earlier on Monday surrendered before the special CBI court in Ghaziabad, following which she was taken into custody.
In her basic plea, Nupur had contended that sending her to judicial custody won't serve any purpose, pointing that her passport was already with court and she had to take permission from the magistrate before leaving Delhi. Nupur has also assured that she will not evade trial proceedings.
Nupur had arrived at the special CBI court in Ghaziabad along with her mother and husband Rajesh Talwar. This came after the Supreme Court directed Nupur to surrender before the trial court while refusing to stay the non-bailable warrant against her. The Supreme Court is will also hear the review plea of the Talwars on Friday.
The lawyers of the Talwars filed a plea for regular bail for the mother of the slain teenager.
Nupur's husband Rajesh Talwar is on bail till May 7 and the CBI has challenged it as well.
The court had earlier extended the non-bailable warrant against Nupur Talwar till April 30. The CBI had sought an extension of the warrant date and said that Nupur Talwar won't be arrested until the Chief Justice takes up the matter.
She got a temporary breather from the Supreme Court. Her plea against a non-bailable warrant is still pending in the Supreme Court.
Earlier, the Ghaziabad court had issued a non-bailable warrant against Nupur Talwar after she failed to appear before a special CBI court despite a deadline given to her.
Rajesh Talwar and his wife Nupur have been accused by the CBI of being involved in the murder of their teenaged daughter Aarushi and domestic help Hemraj in May 2008.
Aarushi, 14, was found dead inside her Noida residence in May, 2008 with her throat slit and the body of the Talwars' domestic servant Hemraj was recovered from the terrace hours later.
An outcry against the shoddy investigation by Uttar Pradesh police had led to the then Mayawati government in Uttar Pradesh handing over the case to the CBI.
(With additional information from PTI)
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