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Wednesday, July 18, 2018

Nupur to remain in jail,may move SC

Court rejects bail plea,saying she may flee justice and create hindrance.

Written by Dipankar Ghose | Ghaziabad | Published: May 3, 2012 1:31:17 am

Court rejects bail plea,saying she may flee justice and create hindrance.

Expressing fears that “she may flee from justice and create hindrance in the speedy disposal of the case”,a Ghaziabad sessions court on Wednesday rejected the bail application of dentist Nupur Talwar who faces trial along with husband Rajesh for the 2008 murder of their daughter Arushi and domestic help Hemraj.

The court sent Nupur to judicial custody for 14 days. This means that she will continue to be in Dasna Jail where she was sent on Monday after her plea for interim bail was rejected. Her lawyers are planning to seek relief from the Supreme Court.

On Thursday,the special CBI court is expected to commit the Arushi case for commencement of prosecution proceedings.

Rejecting Nupur’s bail application,additional sessions judge Shyam Lal said: “She is accused of killing her own progeny who was in her teens… apart from killing domestic help Hemraj… both the deceased were found murdered on the intervening night of May 15-16. The accused was asleep in the house with her husband that fateful night… ‘They also serve who only stand and wait’… Looking at the seriousness of the offence and severity of (possible) punishment,I am not inclined to grant bail.”

“The accused applicant has tried her best to avoid appearing in court to scuttle the fair and smooth progress of the case and even circumvented the order of the Supreme Court. Therefore,her conduct has been such that she can’t be released. If she is given bail,she may flee from justice and create hindrance in the speedy disposal of the case,” the court said.

Rejecting her counsel’s argument that the “creator (Brahma) could not be the destroyer”,judge Shyam Lal,in his order,stated: “Legal history is replete with instances of matricide,fratricide and patricide. Everything is possible in these days of the modern era wherein moral values are fast declining and one can stoop to the lowest extent.”

On her counsel’s argument that she must be treated on par with husband Rajesh who is “out on bail”,the judge said that the question of whether his bail is formal or temporary is still to be contested in the Allahabad High Court.

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