The Allahabad High Court on Monday issued notice to dentist Rajesh Talwar,to be served through the court of the special judicial magistrate (Ghaziabad),on a petition filed by the CBI challenging the bail extended to him by the lower court.
Talwar,father of slain Noida teenager Arushi Talwar,is facing prosecution in connection with the murder of his daughter and domestic help Hemraj. The incident had occurred on May 16,2008,in Noida.
Issuing the notice,the single judge bench of Justice B K Narayana fixed May 25 as the next date of hearing. Counsel for CBI Anurag Khanna said: Our contention was that Talwar should have surrendered and sought regular bail from the lower court. He has misled the court into believing that regular bail has already been granted to him in the case.
Earlier,the Magistrates court had granted bail to Talwar under Section 169 of the Criminal Procedure Code. This section pertains to granting bail to a person when the prosecuting agency tells the court that he was not required for questioning anymore,Khanna said. The bail under this section had been granted to Talwar in 2008. It was an interim bail. But now that he is an accused,he should surrender before the court hearing the matter and seek regular bail, said Khanna.
The CBI had filed closure report in the Arushi-Hemraj murder case in December 2010. However,the court of the Chief Judicial Magistrate did not accept this and had asked the agency to investigate further. The Talwars had also sought relief from the Supreme Court but it was denied to them.
Khanna said Talwar had sought relief from the Supreme Court in connection with extension of his bail. But the Apex court had said that he ought to get a regular bail from the lower court. However,Talwar has not done so.