The CBI has opposed bail to Nupur Talwarsaying she should not be given the benefit of being a woman as she was facing trial for committing a heinous offence and had taken false stands with a view to evade the due process of law.
In an affidavit before the Supreme Court, the CBI said Nupur and her husband were facing trial for the brutal murder of their daughter Aarushi and servant Hemraj, for tampering with evidence in an apparent attempt at cover-up and misleading investigators by lodging a false FIR.
Nupur had invoked Section 437(1) of CrPC (favourably considering grant of bail to a woman).
The CBI, however, stressed it had been settled by the court that bail “is primarily governed by the seriousness of offence”. The agency said she could not claim the benefit of the Section because of the seriousness of the charges against her.
The trial court had already framed charges against her under section 302 of the Indian Penal Code (IPC) for murder and under section 201 for tampering with evidence.
The affidavit, filed by CBI ASP AGL Kaul, stressed that in view of her past conduct, there was reasonable ground of the petitioner influencing witnesses if she was released on bail.
Kaul also submitted that there was “every likelihood that the petitioner may abscond in the event of release on bail” as the evidence recorded so far was incriminating.