SC grants Nupur bail, to stay in jail

The Supreme Court on Monday granted bail to Nupur Talwar, who has been in judicial custody since April 30 on the charge of killing her teenaged daughter Aarushi Talwar in 2008, saying that she would be released within 10 days after the examination of material witnesses by the Central Bureau of Investigation (CBI).

A bench of Justices A K Patnaik and J S Khehar said that the trial court would release the dentist by giving time to the probe agency to record statement and cross examination of Vimla Sarkar, former maid, and Chandra Bhushan, colony’s security guard, till September 25.

“Having considered the submission of the parties, we direct that the trial court will allow 10 days to the CBI to examine the remaining two material witnesses, namely Sarkar and Bhushan or any other witness in the case, if these two witnesses are not available. In case, they (witnesses) are not available, the trial court shall release her subject to its own conditions,” the bench said.

The court last month rejected Nupur’s plea for her release on bail after the premier investigation agency alleged that there were 13 material witnesses who might be influenced by her.

Additional Solicitor General Siddharth Luthra, appearing for the CBI, told the court that out of 13 material witnesses, nine had been examined, two were not intended to be examined by the CBI and two others were untraceable. He said the CBI now sought to examine three other witnesses.

Senior advocate K V Vishwanathan, appearing for the petition, said that the CBI plea should be allowed as it cannot be an endless exercise. “She has been in custody since April,” he said.

Nupur had to surrender before the trial court on April 30 as the Supreme Court refused to give her bail saying it was a non-bailable warrant against her by the Ghaziabad court on account of her failure to show up despite repeated summons.

The trial court had issued summons against her and husband Rajesh Talwar rejecting CBI’s closure report. CBI’s plea for cancellation of bail granted to Rajesh is pending before the Allahabad High Court.