A special National Investigation Agency (NIA) court on Monday rejected a bail application by former Indian Army officer by Prasad Shrikant Purohit, one of the main accused in the 2008 Malegaon blast case.
More than two-and-a-half months after the Bombay High Court dismissed his appeal challenging the trial court’s order refusing him bail and asked him to file a fresh plea for bail before the same trial court, Purohit had moved the NIA court for the second time seeking bail.
Purohit had sought bail on the grounds that the NIA had dropped charges under Maharashtra Control of Organised Crime Act (MCOCA) and prosecution obtained under the Unlawful Activities (Prevention) Act was not in order.
However, Additional Sessions Judge S D Tekale, who presides over a special NIA court, rejected Purohit’s bail application.
A lieutenant colonel then, Purohit was serving the Army Panchmarhi in Madhya Pradesh, when he was arrested on November 5, 2008. Purohit has been charged with being one of the main conspirators of the September 29, 2008 blast. He was allegedly in touch with with members of Abhinav Bharat, formed in 2007 to propagate a separate Hindu nation.
According to the supplementary charge sheet filed by the NIA before a special court, lt Col Prasad Purohit has been charged with offences under various IPC sections, including 120 b (conspiracy), 302 (murder) and 307 (attempt to murder), sections 3, 4,5 and 6 of the Explosives Substance Act and 15, 16,17, 18, 20 and 23 of Unlawful Activities (Prevention) Act.
It may be recalled that an improvised explosive kept under the seat of a Hero Honda motor-bicycle had exploded at Malegaon’s Bhikku Chowk, near Noorani Masjid on the night of September 29, 2008, leaving six persons dead and injuring 101 others.
Among other things, Prasad told the NIA court that he had not any played any role in the 2008 Malegaon blasts. However, the NIA had opposed Purohit’s bail saying that his arguments be taken into consideration during the trial and not at this stage.
Purohit has been denied bail by the trial court consistently since Purohit since 2010. His last bail plea was rejected in October last year, following which he had moved the Bombay High Court.
While rejecting Purohit’s bail application on June 9 this year, the high court had asked the trial court to consider the supplementary charge sheet filed by the NIA which has dropped the charges under stringent Maharashtra Control of Organised Crime Act against Purohit and other accused in the case. “The new material in the supplementary charge sheet should be taken into account by the trial court while hearing the bail plea,” the HC bench had observed.
On May 13 this year, the NIA had dropped all charges against Sadhvi Pragya Thakur and five other accused, while it also withdrew all the charges invoked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against all other accused, including Purohit.
However, while dropping all charges against six accused, including Sadhvi Pragya, the NIA “after undertaking a pain-staking and professional investigation” recommended prosecution against 10 accused – including lt Col Prasad Purohit – for offences registered under Indian Penal Code (IPC), Arms Act and Unlawful Activities (Prevention) Act, 1967.
Apart from Prasad Purohit, nine others against whom the NIA has recommended prosecution are: Ramesh Upadhyay, Sameer Kulkarni, Ajay Rahirkar, Rakesh Dawade, Jagdish Mahatre, Sudhakar Dwevedi, Sudhakar Chaturvedi, Ramachandra Kalasagara and Sandeep Dange.