Rajesh Talwar to remain on bail

Rajesh and his wife Nupur have been summoned by the Ghaziabad court of Special Judicial Magistrate Priti Singh to stand trial in the 2008 murder case of their daughter Arushi and domestic help Hemraj.

On Tuesday,the Allahabad High Court refused to provide any immediate relief to Nupur in connection with the hearing of her bail plea but asked the Ghaziabad court to look into it expeditiously.

On Wednesday,the CBI did not object to Nupur’s absence but contested the argument of Rajesh’s counsel.

In its submission,the CBI said the release order of July 11,2008 was given as per provisions of Section 169 of the Code of Criminal Procedure and could not be assumed as bail.

Section 169 of the CrPC relates to release of an accused when evidence is deficient. In its statement before the court,the CBI said,“The order passed in 2011 had been passed due to ongoing investigation in the case,and releasing a person under Section 169 is a provisional arrangement.”

The CBI claimed that the Supreme Court,while deciding on the Talwars’ plea for transfer of trial,had strengthened the stand of the agency.

“The Supreme Court said that the petitioner,Rajesh Talwar,is “virtually” on bail… The observation of the Supreme Court implies that he may not be arrested by the magistrate taking cognisance till the next date of hearing which is today. It is prayed that the accused persons be taken into custody and the case may be committed to the court of sessions for trial,” the CBI said.

Praveen Rai and V K Rathi,counsel for Rajesh,argued that since the Supreme Court had observed that he was on bail,he could not be taken into custody. “The Supreme Court has already said that he is on bail. Therefore,this court cannot now take him into custody,” Rai said.