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Nupur Talwar, mother of murdered teenager Aarushi, was on Monday jailed after a special Central Bureau of Investigation court rejected her bail application in the case of murder of her 14-year-old daughter and domestic help in Noida four years ago.
Nupur, a dentist by profession, broke down on hearing the decision of Additional District and Sessions Judge Shyamlal who rejected her interim bail plea and posted the application for regular bail for hearing on Tuesday.
She would have to spend at least tonight and will be lodged in barrack number 13 of the district jail where her husband Rajesh had earlier spent 50 days after his arrest in the case.
A shattered Nupur, who had the company of her husband and a few relatives in the special CBI court where she was waiting in judicial custody, was taken by women constables in a police van to Dasna jail.
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On a dramatic day of court hopping, Nupur failed to get relief from a Special CBI court before which she surrendered on Monday morning following a Supreme Court directive to her to do so.
As she was taken under judicial custody immediately, Nupur waited in Special Judge Preeti Singh's court the whole day while her lawyers knocked at the doors of the District and Sessions Judge Bharat Bhushan pleading with him to hear an application for a regular bail.
In her arguments before the courts on Monday, Nupur sought relief from arrest on primarily three grounds.
Her lawyer G P Thareja said that she should be treated on parity with her husband Rajesh who is already on bail in the case, that she is the mother of the victim and that her passport is with the court and that she has no intention to flee the country or interfere with the justice delivery in the case.
She also said as a woman she needed special consideration.
Her lawyer said she had always cooperated with the CBI in their probe in the case and had even gone to Gandhinagar in Gujarat for undergoing a scientific test.
The lawyers argued that if the evidence (against her) was deficient, should she go to jail?
Making a strong case against her plea, the CBI said that she should not be set free on bail as this was a case of serious crime.
The agency's lawyer R K Saini said that Nupur should not be given a bail as she has been evading courts repeatedly and that it was on the directions of the Supreme Court that she had surrendered on Monday.
The CBI also said that the case is a double-murder and not only her daughter Aarushi, the Talwar's domestic help Hemraj was also killed on the night intervening of May 15 and 16 in 2008.
"She is also an accused under section 201 of the IPC which talks about the destruction of evidence," the CBI said.
The CBI said that Nupur's only purpose was to evade the clutch of courts.
In case the regular bail was not being heard the court should atleast consider her interim bail, her lawyers pleaded.
Judge Bharat Bhushan referred the matter to Additional District and Sessions Judge Shayamlal before whom the petition came up in the post-lunch session.
Judge Shyamlal heard the arguments of both the sides and reserved the order till late on Monday the evening when he rejected her plea for interim bail and posted the application for regular bail for hearing on Tuesday.
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