The Supreme Court today directed that he will out on bail and will not be arrested till February 4 when he will appear before a Ghaziabad Court to face the trial along with his wife, Nupur, in the twin murder case of their daughter Arushi and domestic help Hemraj.
A bench of Justices comprising of A K Ganguly and J S Khehar said that any further proceeding regarding his bail will be decided by the Ghaziabad Court which is to hear the case on February 4.
It also said that the Dentist shall not leave the state without informing the police authority and his passport is under the custody of the Magistrate.
It however, allowed the CBI to approach the trial court to file any application in the matter.
Senior Advocate, Harish Salve, appearing for Rajesh, submitted hat his client will appear before the trial court on Feb 4 in the twin murder case.
14 year-old Arushi, the daughter of the Doctor couple. Was found dead with her throat slit at the Noida residence on the night of May 15, 2008 and the body of the domestic help Hemraj was found on the terrace the very next day.
The Apex Court had on January 6 asked the Dentist coupe to face the trial in the murder of their daughter Arushi, a class nine student, and Hemraj.
The court ordered that there was nothing in the order passed by the Ghaziabad court taking cognisance against them and putting them on trial as the trial judge passed the order after applying his mind.
The intial investigation into the case was carried out by the UP police which had arrested Arushi's father on May 23, 2008.
The probe was subsequently handed over to the CBI on May 29, 2008 and Rajesh was granted bail by the Ghaziabad Court on July 11, 2008.
The CBI after probing into the case for around two and a half years filed a closure report in the Ghaziabad Special CBI Court, saying it had been unable to get hold of any evidences to prosecute the Talwars.
The Trial Court, however, rejected the CBI closure report, saying that there was enough prima facie material in the agency's report to put the couple on trial for their alleged involvement in the twin murder case and had issued summons to them to face the trial.
The Magistrate took cognisance of the case and summoned Talwars on February 9, 2011.
Rajesh and Nupur consequently approached the Allahabad High Court, which had dismissed their pleas to quash the trial court's summons and proceedings initiated against them.
The Talwars then approached the Apex Court which had on March 19, last year stayed the trial against them but it vacated the stay on Friday.
Reported by
AR
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