Holding that legal history is replete with instances of matricide, a special CBI court on Wednesday denied bail to dentist Nupur Talwar in the sensational 2008 double murder of her daughter Aarushi and domestic help Hemraj.
As she prepared for her third day of stay in the Dasna jail, Nupur's lawyers immediately moved for bail in the Supreme Court where she has already sought a review of its decision giving a go ahead to the criminal prosecution of her and her dentist husband Rajesh Talwar.
Disposing of her petition, Additional District and Sessions Judge S.Lal said he cannot exercise the discretion of giving the bail to Nupur since "there is a prima facie evidence to suggest the involvement of the accused (Nupur)" in the light of the seriousness of the offence and severity of the punishment provided.
"The legal history is replete with instances of matricide, patricide and fratricide. Everything is possible in these days of modern era wherein moral values are fast declining and one can stoop to the lowest extent.
"She is accused of killing her own progeny, who was in her teens, apart from killing domestic help Hemraj, who had come over from Nepal to eke out a livelihood...she is also accused of obliterating the evidence of commission of offence of twin murders. At this stage it will not be proper to advert to the merits of the case," he said in his four-page order.
Accepting CBI's contention, the Judge noted that if given bail, Nupur may flee from justice and create hindrance in the speedy disposal of the case as directed by the Supreme Court.
The Judge also rejected Nupur's claim of parity with her husband, who is on bail, and also her plea for bail on the ground of being a woman.
Citing an earlier judgement of the Supreme Court, he said that it has been held in heinous offences like dowry death cases, the provisions of bail to woman, sick and old person are not mandatory but discretionary.
"The accused applicant has tried her best to avoid her appearance in the court of learned Magistrate just to scuttle the fair and smooth progress of the case and even circumvented the orders passed by the superior courts and therefore her conduct has been such which disentitles her to be released on bail.
"If admitted to bail, she may flee from justice, create hindrance in the speedy disposal of the case as directed by the honourable Summit court," the Judge observed.
Seeking Nupur's bail, her lawyer G.P. Thareja had earlier 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’.
CBI public prosecutor R.K. Saini had countered that Nupur wanted 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.