CBI, probing the Aarushi-Hemraj murder case, today told the court that a crucial prosecution witness "is not to be examined" as she has been "won over" by the Talwar couple.

"Prosecution witness Kalpana Mandal has been won over by the accused and is not going to support the prosecution case, therefore, she is not to be examined," CBI prosecutor R K Saini told the court.

Defence counsel Manoj Shishodia said, "The court has not ordered whether Kalpana Mandal is to be produced or not."

However, the court has directed that the new witness be produce on the next date of hearing.

When contacted Aarushi's father Rajesh Talwar, an accused in the case, refuted CBI's claim and said he has filed a counter application, seeking production of Mandal, who was Talwars' maid and was away at her native place when the murders took place, in the court.

He alleged CBI is making the "false claims" to defer the hearing of the bail application of his wife Nupur, also an accused, posted for September 17.

"This false allegation has been levelled even without producing the witness, who was very much present in the court room," the application stated.

Talwars also claimed CBI is not producing Mandal as there is nothing in her recorded statement, which can prove the charges against them.