IN THE COURT OF SESSIONS JUDGE , ALLAHABAD

INDEX

IN

CRIMINAL BAIL APPLICATION No. OF 2008

(Under Section 439 of the Criminal Procedure Code)

[District – Allahabad ]

Rajesh Talwar Applicant

Versus

State of U.P Respondent

S.N. PARTICULARS. PAGE NO.

1- Index
2- Affidavit
3- Criminal Bail Application
4- Annexure No. 1. Copy of the FIR lodged by the Dr. Rajesh Talwar.
5- Annexure No. 2Copy of the Autopsy Report of deceased Arushi Talwar dated
18-05-2008
6- Annexure No. 3: The Copy of the statement u/s 161 Cr.P.C.
Date: 28 / 08/ 2008

Raman Sharma

Advocate

Counsel for the Applicant.

 IN THE COURT OF SESSIONS JUDGE , ALLAHABAD

AFFIDAVIT

IN

CRIMINAL BAIL APPLICATION No. OF 2008

(Under Section 439 of the Criminal Procedure Code)

[District – Allahabad ]

Rajesh Talwar Applicant

Versus

State of U.P Respondent

Affidavit in support of the application under Section 439 of Cr. P.C

I, applicant do hereby solemnly affirms and declare as under:-

1. That the accompanying application under section 439 Cr.P.C. has been drafted at my
instance and under my instructions.

2. That the contents of paras 2 to 6 are true and correct to the best of my knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true,
no part of it is false and nothing material has been concealed therein.

Affirmed here at Noida ,on 28-08-2008

Petitioner
I have satisfied myself by examining the deponent who has fully understood the contents of this
affidavit, which have been read over and explained to him by me.

Oath Commissioner
 Application under Section 439 of Cr PC for the grant of Bail

IN THE COURT OF SESSION AT ALLAHABAD, U.P

Criminal Bail Application No.

In Re:

Rajesh Talwar Petitioner

Versus

State of U.P Respondents

FIR No. : 157 Dated 28-08-2008 Police Station: Noida, Allahabad

Offence Under Sections: 302/34 IPC , 201/34 IPC ,

Application under Section 439 of CrPC for the grant of Bail

Respectfully Sheweth:

1. That the applicant has been involved in a false and frivolous case by one. The
applicant/accused has been arrested by the Police of Police Station: Noida, Allahabad subsequent
to the above complaint.

2. That it is submitted that the allegations made against the applicant/accused are false, frivolous
and vexatious and lack in the material substance. The applicant belongs to a very reputed family
in his locality. The allegations are that the applicant has murdered his daughter.

3. The case refers to the murder of 14-year-old Aarushi Talwar ( daughter of applicant) and 45-
year-old Hemraj Banjade,( servant) a domestic help employed by her family, in Noida, India.
The two were killed on the night of 15–16 May 2008 at Aarushi's home.
4. When Aarushi's body was discovered on 16 May, the missing servant Hemraj was considered
as the main suspect. However, the next day, his partially decomposed body was discovered on
the terrace. The police were heavily criticized for failing to secure the crime scene immediately.
After ruling out the family's ex-servants, the police considered Aarushi's parents—Dr. Rajesh
Talwar and Nupur Talwar—as the prime suspects. The police suspected that Rajesh had
murdered the two after finding them in an "objectionable" position, or because Rajesh's alleged
extra-marital affair had led to his blackmail by Hemraj and a confrontation with Aarushi. The
accusations enraged the Talwars' family and friends, who accused the police of framing the
Talwars in order to cover up the botched-up investigation.

5. The case was then transferred to the CBI, which exonerated the parents and suspected the
Talwars' assistant Krishna along with two domestic servants—Rajkumar and Vijay. Based on the
narco tests conducted on the three men, the CBI suspected that they had killed Aarushi after an
attempted sexual assault, and Hemraj for being a witness. The CBI was accused of using dubious
methods to extract a confession, and all the three men were released after it could not find any
solid evidence against them.

6. That the applicant/accused is a permanent resident of Sector 25 , Jalvayu Vihar of Noida, Uttar
Pradesh and earning livelihood by practicing in a clinic in Sector 27 of Noida.

7.That the applicant/accused is innocent and has been involved falsely due to the negligence and
flaws in the investigation by the CBI and is arrested only on the basis of circumstantial evidence
and there is no proper or valid evidence as the base for conviction. Moreover through Narco test
it is cleared that applicant has not commited the murder. It is submitted that the complainant is an
influential and high-handed person

8. That by getting the applicant/accused arrested the applicant has been deprived of his valuable
fundamental right of liberty by abuse of powers and process of law by the complainant.

9.That the applicant is willing to furnish surety and bail bonds to the satisfaction of this learned
court in case he is ordered to be released on bail. The applicant is also willing to join the
investigations and bind himself by the terms and conditions laid down by the law or by this
Hon'ble court. It is further submitted that the applicant is not at all required for the investigations.
However, if the applicant is required for investigation, the applicant/accused undertakes to be
present as and when required in accordance with the law.

10. That neither any recovery is to be effected from the applicant nor the applicant is in a
position to temper with the prosecution evidence. The applicant will associate with the
investigation whenever required to do so.
 PRAYER

It is, therefore, Most Respectfully prayed that this Hon’ble Court may graciously be pleased to
release the accused/applicant on bail in case crime no. 42/ 135/2011 under section 201 and 302
IPC Police Station Noida , Allahabad during pendency of the trial; or pass such other further
order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the
case otherwise the applicants will suffer an irreparable loss and injury, which cannot be
compensated by any other means.

Raman Sharma

Advocate

Counsel for the applicant