In view of ongoing trial in which the CBI is examining the witnesses, a Bench of Justices A K Patnaik and J S Khehar said Nupur be released next week and directed the investigating agency to complete examining its witnesses by Septmeber 25.
“We ask the trial court to allow one week time to CBI to examine the remaining material witnesses. If they are not examined then trial court shall release the petitioner by September 25,” the Bench said.
Nupur, who has been in jail for 139 days since her surrender before the Ghaziabad court on April 30, had moved the apex court challenging the Allahabad High Court's order which had on May 31 dismissed her plea for bail. The trial court had on May 2 rejected Nupur's bail plea.
Her dentist husband Rajesh Talwar, who is a co-acused in the case, has already been granted bail on July 11, 2008 by the trial court.
14-year-old Aarushi was found dead in her bedroom at the Talwar's residence in Jalvayu Vihar, Noida, on the intervening night of May 16-17, 2008. The body of Hemraj was found on May 17 on the terrace.
Opposing the bail plea, Additional Solicitor General Siddharth Luthra contended that the CBI has already examined nine out of 13 witnesses and only two witnesses remain to be examined as it has dropped two witnesses because they are not traceable. It assured the court that trial would be completed by the end of this year.
Nupur had surrendered before the trial court following a stern direction from the Supreme Court, which had also refused to stay the non-bailable warrant issued against her by the lower court as she failed to appear before it despite its summons to her.
She later on moved Allahabad High Court and then Supreme Court for bail.
Filing her petition through advocate Sanjeev Kapur, she pleaded that she be granted bail as she has been co-operating with the investigating agency and has never tried to influence the witnesses.
Holding that there is prima-facie evidence against the couple, the Ghaziabad court had ordered framing of charges of murder and destruction of evidence against Nupur and Rajesh.
The apex court had earlier refused to give her any relief and allowed her trial in the murder case along with Rajesh.